Pryor Cashman Wins Summary Judgment Dismissing Copyright Infringement Claims Relating to Mariah Carey Hit Song
Pryor Cashman successfully obtained summary judgment for its clients, Mariah Carey, Jermaine Dupri, Manuel Seal, Johnta Austin, EMI April Music, BMG Songs and others, in a music copyright infringement case regarding the song It’s Like That from Ms. Carey’s successful album, The Emancipation of Mimi.
The plaintiff claimed that Ms. Carey and the other writers of the song It’s Like That had copied plaintiff’s song Sexy. Plaintiff claimed that Ms. Carey and the other writers had obtained access to her song through her website. Plaintiff also claimed that It’s Like That was “strikingly similar” to plaintiff’s song, such that, if she could not prove that the writers had access to her song, copying could be presumed under the law.
Pryor Cashman partners Donald Zakarin and Ilene Farkas moved for summary judgment against the plaintiff, arguing that there was no evidence that any of the writers of It’s Like That had access to plaintiff’s song and that the uncontroverted evidence proved the independent creation of this song at a recording studio in Atlanta. Pryor Cashman also argued that plaintiff had failed to submit admissible evidence of “striking similarity” under the law and that, based on the testimony of Pryor Cashman's expert, the alleged “similarities” between the two songs were nothing more than generic, commonplace musical elements found elsewhere in popular music.
On September 14, 2007, Chief U.S. District Judge Kimba Wood of the Southern District of New York agreed and granted Pryor Cashman’s motion for summary judgment in its entirety. The Court found that plaintiff had failed to submit admissible evidence that Ms. Carey or anyone else connected with It's Like That had ever heard the plaintiff’s song prior to the creation of It’s Like That. To the contrary, there was undisputed and corroborated evidence of the independent creation of It's Like That.
Without any proof that the writers of It's Like That had access to plaintiff’s song, the Court found that plaintiff was required to demonstrate that the two songs at issue were “strikingly similar” – which means that the two songs are so alike that the only reasonable explanation for such a great degree of similarity is copying. Judge Wood found that the plaintiff’s musicologist had failed to show that the works satisfied the requirements for “striking similarity.” Judge Wood also agreed with defendants’ musicologist, who found that the alleged similarities between the two songs were merely basic, non-protectible musical elements common to other popular music compositions.
To read the decision in its entirety, please click here.
The case was featured on MTV News.com on September 26, 2007 in an article entitled "Mariah Carey Wins in Court." To read the article, please click here.
Pryor Cashman's victory was also discussed in the September 24, 2007 edition of Bloomberg Law Reports - Intellectual Property in an article entitled "Mariah Carey's 'It's Like That' Does Not Infringe Chafir's 'Sexy.'" To read that article, please click here.
