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<b><i>Case Study</b></i> Infringement Suit over Rap Song Offers Useful Tips for Litigators

By ALM Staff | Law Journal Newsletters |
September 28, 2006

Copyright-infringement suits in which plaintiff accuses defendant of improperly taking from the plaintiff to create the defendant's work are common in the entertainment industry. But even with the frequency and long history of this type of litigation, infringement principles continue to develop as litigators face many substantive and procedural challenges. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, veteran entertainment-litigator Christine Lepera ' a partner in the New York office of Sonnenschein Nath & Rosenthal LLP ' discusses infringement litigation issues from her perspective as defense counsel in the copyright suit that was filed in the U.S. District Court for the Southern District of New York against rappers Ludacris and Kanye West and related companies. BMS Entertainment/Heat Music LLC v. Bridges, 04 Civ. 2584 (PKC).

In the interview, Lepera discusses burdens of proof, use of expert witnesses and trial considerations. The suit alleged infringement by the defendants arising from use of a phrase in their rap song 'Stand Up.' A jury found in favor of the defendants. The accompanying materials provide a timeline of key points and judicial comments in the case. The plaintiffs have filed a notice of appeal.

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