Copyright Infringement Case Against 50 Cent Dismissed
Posted October 28, 2006 12:00 pm.
This article is more than 5 years old.
50 Cent saved a nice chunk of change after a judge dismissed a copyright infringement lawsuit against the controversial rapper, accused of stealing the opening line from his 2003 hit “In Da Club” from a song by former 2 Live Crew frontman Luther Campbell.
U.S. District Judge Paul C. Huck determined Friday that the disputed phrase was a “common, unoriginal, and non-copyrightable element of the song” and therefore wasn’t entitled to copyright protection.
Furthermore, he stated that outside of the opening phrase there are almost no similarities between the works, and the line in question – “Go shorty, it’s your birthday” – represents only eleven seconds of a more than three-minute song.
No reasonable jury would conclude that the compositions have substantial similarities and the average person would not confuse the two songs, the judge added in his written statement.
The original lawsuit was filed in Miami federal court in January on behalf of Lil’ Joe Wein Music against 50 Cent, whose real name is Curtis James Jackson.
The lawsuit was filed by attorney Richard C. Wolfe, and insisted 50 Cent only changed one word from the opening line of Campbell’s song “It’s Your Birthday.” After repeating the word “go” several times, “Sheila” becomes “shorty” in the line, “Go shorty, it’s your birthday.”
Campbell’s original composition appeared on his 1994 solo album “Still a Freak for Life.”
50 Cent’s publicist, Yvette Gayle, declined to comment Friday and a message left after hours at Richard Wolfe’s office was not immediately returned.
Lil’ Joe Wein Music holds the copyright to “It’s Your Birthday” and other songs Campbell produced with his rap group 2 Live Crew and as a solo artist.
No word on whether 50 Cent was partying like it was his birthday to celebrate the legal victory.
