Fame V Kanye West
Fame V Kanye West
ELECTRONICALLY FILED
5/24/2019 1:54 PM
20-CV-2019-900154.00
CIRCUIT COURT OF
COLBERT COUNTY, ALABAMA
MARK R. EADY, CLERK
Plaintiff,
CV-2019-____________
KANYE WEST, TERRENCE THORNTON
a/k/a Pusha-T, UMG RECORDINGS, INC.
a/k/a Universal Music Group, DEF JAM
RECORDINGS, a division of UMG
Recordings, Inc., and GETTING OUT OUR
DREAMS, INC. d/b/a G.O.O.D. Music,
Defendants.
COMPLAINT
COMES NOW, Plaintiff FAME Enterprises, Inc. (“FAME” or “Plaintiff”) and states its
Complaint against Defendants Kanye West (“West”), Terrence Thornton a/k/a Pusha-T (“Pusha-
T”), UMG Recordings, Inc. a/k/a Universal Music Group (“UMG Recordings”), Def Jam
Recordings, a division of UMG Recordings, Inc., and Getting Out Our Dreams, Inc. a/k/a
I. THE PARTIES
Alabama.
2. Defendant West is a musician who writes, produces, and performs under the UMG
Recordings and G.O.O.D. Music labels, and who was the executive producer of the Pusha-T album
UMG Recordings and G.O.O.D. Music labels. He serves as President of the G.O.O.D. Music label.
4. UMG Recordings is a record company that owns the Def Jam Recordings music
5. Defendant Def Jam Recordings is a music label founded in or around 1983. Def
7. This Court has jurisdiction over the subject matter of this action pursuant to
Alabama Code § 12-11-30 and § 12-11-31. The Court has personal jurisdiction over all the
Defendants as they have purposefully availed themselves of doing business in Alabama via internet
sales and otherwise, including sales of the sound recording in question, of which all shared in the
benefits, and because Defendants purposefully misappropriated Plaintiff’s sound recording which
8. Venue is proper in this Court pursuant to Alabama Code §§ 6-3-2 and 6-3-7.
9. On or about May 25, 2018, Pusha-T’s album, Daytona, was released. The album
includes the sound recording “Come Back Baby”, which was produced by West.
10. The sound recording “Come Back Baby” contains repeated, unauthorized,
unlicensed samples from the sound recording owned by Fame, “I Can’t Do Without You”.
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11. “I Can’t Do Without You” was performed by George Jackson. “I Can’t Do Without
You” was produced by FAME at FAME’s recording studio in Muscle Shoals, Alabama before
12. The worldwide rights to the sound recording “I Can’t Do Without You” are 100%
owned by FAME.
13. The sound recording “Come Back Baby” includes the following repeated,
[Verse 1]
Dope just touched down, I'm so grateful
Numbers so low, bitch, be thankful
They say don't let money change you
That's how we know money ain't you
Bitch, I been had, bitches been bad
We buy big boats, bitch, I'm Sinbad
Downright sinful, bitch, we been full
All my dopeboys, we like kinfolk
Bmore burnt spoon, DC glass pipe
VA sent bales, 'bout that trap life
Blew through thousands, we made millions
Cocaine soldiers, once civilians
Bought hoes Hondas, took care children
Lent my pastor, build out buildin's
Rapped on classics, I been brilliant
Now we blend in, we chameleons, ahh!
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[Verse 2]
Who else got the luxury to drop when he want
'Cause nobody else can fuck with me? What a show-off
Nigga, wrist for wrist—let's have a glow-off
Fuck it, brick for brick—let's have a blow-off
If we go by connections made
I can still climb ladders when complexions fade (yugh)
White on white, that's the Testa
Black on black, that's the Tesla
See these diamonds in this watch face?
All that shit came from pressure
They don't miss you 'till you gone with the wind
And they tired of dancin' like a Ying Yang Twin
You can't have the Yin without the Yang, my friend
Real niggas bring balance to the game I'm in (eghck!)
Can't escape the scale if I tried, interstate trafficking's alive
Push
[Verse 3]
Still fresh off the boat, niggas
Don't make me super-soak niggas
Your life ends up a quote, nigga
The good die young, all dogs go to heaven
It's really just momma's fallin' out on the reverend
I play musical chairs with these squares
Rich flair before they was Ric Flair's
Cocaine concierge, longest runnin' trapper of the year
Stood the test of time like Dapper Dan
Season my sauce like Zatarain's
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14. “Come Back Baby” is approximately three minutes and twenty-seven seconds
(3:27) in length. Approximately one minute and thirteen seconds (1:13) of this sound recording is
sampled directly from “I Can’t Do Without You”. This means that over thirty-five percent (35%)
of the entire sound recording “Come Back Baby” is comprised of unauthorized, unlicensed
15. Defendants used Plaintiff’s sound recording in their sound recording about drug
addiction and the money made from selling drugs. Plaintiff would not have agreed to license “I
16. Defendants willfully and without the permission or consent of Plaintiff extensively
sampled portions of “I Can’t Do Without You”. Defendants have a pattern and practice of willfully
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18. Plaintiff has the exclusive license to reproduce and distribute to the public copies
of the original fixation of sounds embodied in the master phonograph records, master disc, or other
device used for reproducing recorded sounds on different mediums and the rights to record or to
authorize the recording of sounds related to the sound recording “I Can’t Do Without You”.
indirectly, the sounds recorded and owned by Plaintiff in “I Can’t Do Without You” when
Defendants wrongfully and without a license or permission sampled from this sound recording in
20. Defendants knowingly produced, manufactured, distributed, and sold the sound
recording of “Come Back Baby” with knowledge that the recording contained unauthorized
22. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so
damages in an amount to be determined by the trier of fact in this case, plus statutory fines, costs,
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24. In a violation of statutory and common law, Defendants have wrongfully used and
exploited Plaintiff’s sound recording, production, and other property rights and unjustly reaped
tremendous financial and other benefits in violation of Plaintiff’s legal rights and under
circumstances where Defendants have been unjustly enriched by wrongfully deriving profit and
25. Defendants have unjustly reaped tremendous profits and other benefits due to the
wrongful use of Plaintiff’s sound recording and production, and other violations of Plaintiff’s
rights. Defendants therefore hold money which in equity and good conscience belongs to the
Plaintiff. Plaintiff has also suffered substantial damages because of Defendants’ wrongful acts
and omissions.
27. Defendants wrongfully deprived and interfered with rights, interests, and property
of Plaintiff by sampling portions of the sound recording and using Plaintiff’s production of “I
Can’t Do Without You”, selling and distributing or allowing the distribution of these samples, and
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retaining the profits and monies derived from the sale of albums containing the sound recording
28. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so
damages in an amount to be determined by the trier of fact in this case, plus costs, interest and
expenses.
30. Under applicable law there is a contract implied at law for Defendants to pay the
Plaintiff for the reasonable value of services and use of property rights of the Plaintiff. Defendants
an amount to be determined by the trier of fact in this case, plus costs, interest and expenses.
32. The Plaintiff has common law copyrights in the sound recording and the production
thereof referenced above. The Defendants violated said rights by the unauthorized use and copying
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33. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so
damages in an amount to be determined by the trier of fact in this case, plus costs, interest and
expenses.
35. The Defendants have damaged and abused the personal property of the Plaintiff in
violation of Ala Code § 6-5-260 and/or § 6-5-262, thereby causing injury to the Plaintiff.
36. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so
distress, and punitive damages in an amount to be determined by the trier of fact in this case, plus
38. The Defendants have committed acts of nuisance that have worked hurt,
39. The conduct of Defendants was wanton, reckless, and/or malicious to Plaintiff so
distress, and punitive damages in an amount to be determined by the trier of fact in this case, plus
JURY DEMAND
Plaintiff demands a trial by jury on all allegations, claims, and requests for relief asserted
s/ G. Rick Hall
G. Rick Hall (HAL043)
E-mail: [email protected]
s/ J. Michael Tanner
J. Michael Tanner (TAN004)
E-mail: [email protected]
s/ Douglas B. Hargett
DOUGLAS B. HARGETT (HAR278)
E-mail: [email protected]
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Kanye West
c/o Def Jam Records, Inc.
CT Corporation System
111 8th Ave., 13 Floor
New York, NY 10011
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