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Fugee's Sampling Challenged
Highest Court Sixth Circuit
Year Ended 2006
Plaintiffs Copyright Licensor(s)
Cymande
Music Publisher(s)
Defendants Fugees
Music Publisher(s)
Sony Music
Other No Other parties on file
Short Description Members of an obscure 1970s British funk group, Cymande, discovered they'd been sampled by The Fugees on their album, The Score, which was released in 1996 and was immensely popular, selling over 6,000,000 copies in the U.S. and many more worldwide. After a proposed settlement agreement in 1998 was never completed, Defendants nevertheless continued to follow its terms, depositing 75% of all royalties earned in an escrow account for Plaintiffs. Litigation continued and court-supervised mediation dragged on as well, but after discovering that Plaintiffs had removed funds from the account, Defendants argued Plaintiffs' actions constituted ratification/accord and satisfaction regarding the agreement, and moved for summary judgment. The District Court found for the Fugees and their record label and publisher, saying Plaintiffs' failure to respond to certain discovery requests constituted admission of the facts contained therein. The Court of Appeals disagreed; Defendants cannot argue Plaintiffs' conduct constituted acceptance of the settlement, since they'd argued that Plaintiffs' previously ratified the agreement (there can be no meeting of the minds regarding a contract if one party believes there already is one). Furthermore, promissory and equitable estoppel cannot form bases for Defendants' argument, since, if Plaintiff was unjustly enriched without accepting the contract, Defendant should amend their answer to include unjust enrichment. Defendants' motion for summary judgment denied. - LSW

Legal Issues
Copyrights Infringement Sampling & Distribution/Dissemination
General Equitable Actions Promissory Estoppel
  Equitable Defenses Waiver, Estoppel & Acquiescence
Torts Economic Torts Fraud, Misrepresentation & Inducement
Trademarks & Unfair Competition Federal (Lanham Act) Unfair Competition, False Advertising & Related Torts
  State Statute/Common Law Unfair Competition, False Advertising & Related Torts


Opinions Scipio v. Sony Music Entertainment, Inc.
173 Fed. Appx. 385
Sixth Circuit , March 03, 2006 ( No. 05-5134 )


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Related Searches Parties
Copyright Licensor(s) ( Plaintiff )
Cymande ( Plaintiff )
Fugees ( Defendant )
Music Publisher(s) ( Plaintiff )
Music Publisher(s) ( Defendant )
Sony Music ( Defendant )

Legal Issues
Copyrights / Infringement / Sampling & Distribution/Dissemination
General / Equitable Actions / Promissory Estoppel
General / Equitable Defenses / Waiver, Estoppel & Acquiescence
Torts / Economic Torts / Fraud, Misrepresentation & Inducement
Trademarks & Unfair Competition / Federal (Lanham Act) / Unfair Competition, False Advertising & Related Torts
Trademarks & Unfair Competition / State Statute/Common Law / Unfair Competition, False Advertising & Related Torts

Courts
Sixth Circuit (highest court)


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