Does Phone Call Equal Song Lyrics? Drake Sued by Ex As Co-Writer of Song

Grammy nominee Drake has been sued by an ex-girlfriend who claims she co-wrote the hit song "Marvin's Room" and is entitled to part ownership in the copyright in the song; copyright in the sound recording; and payment of songwriter royalties. The first  30 seconds of the song is a recording of a phone conversation with the ex-girlfriend and plaintiff, Erika Lee. Lee asserts that she and Drake had every intention to write the song together and that her contributions were intended to be incorporated into the final song.  Lee contends the intro "phone message" is key to the underlying song.

Lee's complaint is somewhat confusing as issues of ownership of the sound recording are intermingled with claims asserting ownership in the underlying song.

The most interesting thing in the complaint to me is a cause of action for Breach of Fiduciary Duty.  Really, songwriters have a fiduciary duty to one another? If a record label doesn't have a fiduciary duty to an artist, do we really think that one songwriter would owe the highest duty of utmost care to a co-writer?

Read the complaint here.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
Previous
Previous

Recording Artists Suing For Digital Royalty Accountings

Next
Next

Newt Gingrich Sued Copyright Infringement "Eye of the Tiger"