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Songwriter Sues Brandy & Friends
Highest Court Sixth Circuit
Year Ended 2004
Plaintiffs Songwriter(s)
Defendants Atlantic Records
Brandy
Daniels, LaShawn
Jerkins, Fred, III
Jerkins, Rodney "Darkchild"
Tajeda, Japhe
Other No Other parties on file
Short Description Oh, how annoying demo tape submissions must be for record labels. Not only is the music probably almost always horrible, but in case any of the label's artists ever releases a song even slightly similar to anything contained on one of the demo tapes (by shear chance, as is usually the case), the demo-submitter may try to sue for copyright infringement. Even if dismissed, the case is still annoying. That is exactly what happened here. Plaintiffs sent an unsolicited demo of their song "Get Naked (Remix)" to Lava Records, one of only dozen or so copies produced, and later alleged Brandy's song "Tomorrow" was copied from their composition. The lower court found that the songs might indeed be substantially similar, but there were no real allegations Defendants had access, other than appeals to mere possibilities. Plaintiffs couldn't even verify the demo they sent to Lava contained the song they claimed had been copied. Despite Plaintiffs' attempt to introduce new evidence and appeal, the appellate court affirmed the lower court's ruling for Defendants. - LSW

Legal Issues
Civil Procedure Evidence Admissibility
Copyrights Infringement Copying & Distribution/Dissemination


Opinions Raum v. Norwood
93 Fed. Appx. 693
Sixth Circuit , February 23, 2004 ( No. 02-3181 )


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Related Searches Parties
Atlantic Records ( Defendant )
Brandy ( Defendant )
Daniels, LaShawn ( Defendant )
Jerkins, Fred, III ( Defendant )
Jerkins, Rodney "Darkchild" ( Defendant )
Songwriter(s) ( Plaintiff )
Tajeda, Japhe ( Defendant )

Legal Issues
Civil Procedure / Evidence / Admissibility
Copyrights / Infringement / Copying & Distribution/Dissemination

Courts
Sixth Circuit (highest court)


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