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Legal
Lil Wayne launches lawsuit over lawsuit
By CMU Editorial | Published on Wednesday 29 April 2009
Lil Wayne’s legal people have launched legal proceedings against a production company the rapper previously worked with in relation to another lawsuit issued against the hip hopper.
As previously reported, Wayne and his record label have been sued by folk singer Karma-Ann Swanepoel who claims the hip hop star used a sample of his song ‘Once’ in one of Wayne’s ‘mix-tape tracks’, ‘I Feel Like Dying’, without getting his permission.
The legal squabble is complicated because ‘I Feel Like Dying’ wasn’t actually properly released. Rather, it was performed by Wayne at live shows and given away as a free download while the rapper was promoting his album ‘Tha Carter III’.
The performance and free distribution of the song amounts to infringement in itself, but assuming infringement was proven it would be harder to assess damages because the infringing track didn’t itself generate any income.
However, Swanepoel’s publishers argue it was used to promote sales of Wayne’s chart topping 2008 album, and that damages should be calculated according to the revenues generated by the album, which were substantial. To that end the publishers, Urband & Lazar Music Publishing, recently won a court order forcing Wayne’s people to hand over financial information in relation to ‘Tha Carter III’.
Anyway, presumably Wayne’s people now accept the ‘Once’ sample was used without permission, and are worried about any claim Swanepoel may make over ‘Tha Carter III’ profits, because they are suing the people who produced the mix-tape track, claiming it was their responsibility to clear any samples.
The producers, and defendants in the new lawsuit, are Rebel Rock Productions Inc. Interestingly, they are yet to respond to the lawsuit and media reports say their listed phone number is no longer working. Whether Wayne et al can avoid liability in the Swanepoel lawsuit by blaming Rebel Rock, who may or may not still be trading, remains to be seen.
