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Cam'ron: "Nike's Song is Mine!"
Highest Court S.D. New York
Year Ended 2009
Plaintiffs Diplomatic Man Music
Defendants Blaze, Just
Nike, Inc.
Santana, Juelz
Other Cam'ron
Short Description Plaintiff is Diplomatic Man, production and publishing entity for hip-hop superstar Cam'ron, who was not personally party to this lawsuit. Defendants are Juelz Santana, an urban music artist, and Just Blaze, an urban songwriter/producer, as well as the famous shoe company Nike, all of whom were involved (in obvious ways) with the production of a Nike marketing campaign featuring a Santana/Blaze song, "The Second Coming," which Plaintiff alleged was his and was infringed by Defendants' use. Plaintiff was clearly the production company for Santana's output, and, through contractual assignment, owned the copyrights to all of Santana's songs. However, Plaintiff's case was very thin: not only had Plaintiff earlier assigned its copyrights to Island Def Jam, Santana's label, but Plaintiff had also actively participated in a "making of" production for the marketing campaign without protesting to the song's use. The court determined that Plaintiff's lawsuit was "objectively unreasonable" for these reasons (assignment and implied license). Furthermore, the song was a joint work between Santana and Blaze; since Plaintiff had no ownership interest in Blaze's output, Blaze had every right to grant Nike a license to use the song, whether Plaintiff agreed or not, which Blaze did in fact do. Defendants were granted attorneys' fees equaling around $415,000, after an initial grant was added to on Nike's request. - LSW

Legal Issues
Copyrights Infringement Reproduction & Distribution/Dissemination
  Ownership Joint Authorship, Works-for-Hire & Derivative Creations


Opinions Diplomatic Man, Inc. v. Nike, Inc.
2009 WL 1181060
S.D. New York , April 30, 2009 ( No. 08 Civ. 139(GEL) )


Diplomatic Man, Inc. v. Nike, Inc.
2009 WL 935674
S.D. New York , April 07, 2009 ( No. 08 Civ. 139(GEL) )


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Related Searches Parties
Blaze, Just ( Defendant )
Cam'ron ( Other )
Diplomatic Man Music ( Plaintiff )
Nike, Inc. ( Defendant )
Santana, Juelz ( Defendant )

Legal Issues
Copyrights / Infringement / Reproduction & Distribution/Dissemination
Copyrights / Ownership / Joint Authorship, Works-for-Hire & Derivative Creations

Courts
S.D. New York (highest court)


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