Flo Milli. Photo Credit: JD Sports
A federal court has once again dismissed artist and songwriter Shamar Deal’s “Never Lose Me” infringement lawsuit against Flo Milli and Sony Music – this time with prejudice, meaning it cannot be refiled.
Judge André Birotte Jr. just recently granted the defendants’ dismissal motion without leave to amend, after Deal submitted his second amended complaint over the summer. By infringement-litigation standards, the legal battle is straightforward enough: The plaintiff is said to have licensed a beat entitled “Youu” from defendant Gerreaux via TrakTrain in 2019.
The way Deal tells the story, the agreement (and the corresponding $200 payment) at hand afforded him an exclusive 10-year license to use “Youu.”
Nevertheless, Gerreaux allegedly went on to license the same beat to Babyface Ray and 42 Dugg, who are likewise defendants and who allegedly made the beat “the entire instrumental foundation of” a track called “Ron Artest.”
From there, the initially mentioned Flo Milli allegedly sampled “Ron Artest” (and “Youu”) to create the much-streamed and -remixed “Never Lose Me,” which credits Babyface Ray, 42 Dugg, and Gerreaux alike.
But according to Deal, both releases are infringing owing to his alleged exclusive license in the underlying “Youu.”
While the argument and the infringement claims themselves seem clear cut, as noted, Sony Music and the other defendants have secured a win – albeit on something of a technicality.
And that’s because “Gerreaux did not physically sign any agreement transferring” the rights to the beat in question, Judge Birotte Jr. underscored in his order.
Returning to the latest iteration of Deal’s complaint for a moment, the plaintiff argued that multiple emails exchanged with Gerreaux (besides the beat’s “sold status” on TrakTrain and an agreement signed by TrakTrain owner Nick George) “constitute a note or memorandum of the transfer of exclusive rights in the” beat under U.S. copyright law.
Evidently, though, the judge doesn’t feel the same way. “The Court is not persuaded that Gerreaux’s alleged conduct satisfies the standard required to demonstrate that he executed or adopted the electronic record with the intent to sign,” Judge Birotte Jr. wrote.
Confirming the beat’s sale via email, the court continued, “is distinct from manifesting assent to the specific written instrument on” which Deal’s standing depends.
Deal “has failed to allege the existence of a valid transfer or exclusive license sufficient to confer standing,” he added for good measure. Regarding what comes next, time will tell whether an appeal is in the cards.
More immediately, the dismissal appears to be an apt reminder that putting contracts into writing, signing said contracts, and double checking the details thereof are worthwhile steps – especially for those who may find themselves embroiled in major label courtroom confrontations.
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