Copyright Holders Sue Beyonce, Sony for Alleged Infringement of 'Release a Wiggle'
Beyonce, Jay-Z and 13 other defendants infringed the copyrighted works of Tessa Avie, Keva Bourgeois, Henri Braggs and Brian Clark, collectively known at one time as Da Showstoppaz, a complaint alleged Wednesday (docket 2:24-cv-01334) in U.S. District Court for Eastern Louisiana in New Orleans.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
During the creation and production of "Release a Wiggle" on July 19, 2002, the Louisiana plaintiffs -- Avie and Bourgeois of St. Charles Parish, and Braggs of Orleans Parish -- plus Broward County, Florida, resident Clark, were located in the New Orleans area, the complaint said.
Defendants Beyonce Knowles Carter, Big Freedia, Parkwood Entertainment, Sony Music and others “produced, distributed, publicly performed and otherwise used and exploited the actual words, melody, and musical arrangement” of "Release a Wiggle," which the four "bounce music" plaintiffs created in the Break My Soul master recording and video, separately and as used in the Renaissance: A Film by Beyonce, alleged the complaint.
The defendants used the plaintiffs’ words, melody and musical arrangement from their copyrighted works, the complaint said. Da Showstoppaz’s words, melody and musical arrangement of "Release A Wiggle" “were deliberately taken by Big Freedia” in the recording of "Explode," which was subsequently Beyonce “heavily sampled” in the master recording of "Break My Soul,” the complaint said.
The defendants haven’t “acknowledged contribution, obtained permission to use their copyrighted lyrics, melody, and musical arrangement, nor provided compensation to Da Showstoppaz’s,” the complaint alleged. Beyonce, Big Freedia, Parkwood, Sony and others have received “many accolades and substantial profits” from "Explode" and "Break My Soul," plus the Renaissance album, Renaissance tour and Renaissance: A Film by Beyonce, but Da Showstoppaz members have received “no acknowledgment, no credit, no remuneration of any kind,” it said.
In addition, Big Freedia should be liable under Louisiana’s Unfair and Deceptive Trade Practices Act (LUTPA) for “deliberately taking” the plaintiffs’ copyrighted works, said the complaint.
The plaintiffs own a “protectable copyright interest” in the musical composition, and the sound recording, to Da Showstoppaz’s “Release A Wiggle” under registration number PA0002396076, the complaint said. They also registered the work with the Copyright Office as a sound recording with copyright number SRu001515047, including the “unique and original lyrics and words that appear in the defendants’ works “Explode,” “Break My Soul,” Renaissance, the Renaissance World Tour, and the Renaissance: A Film by Beyonce, the complaint alleged.
Additional defendants are Tricky Stewart, The Dream, Kobalt Music, BlaqNmilD, Musical Geniuses Records, WC Music, Warner Music, Oakland 13 Music, Spirit Music and Amplify, Inc.
The plaintiffs seek a declaration that the defendants are vicariously and/or contributorily liable for copyright infringement. They also request injunctive relief, ordering the defendants to credit the plaintiffs “as a writer, composer, producer and artist for “Explode” and “Break My Soul” for all future reproduction, sale, performance, licensing, distribution and exploitation, of works containing their lyrical words, musical arrangements, and melodies."
The plaintiffs seek royalties on all future “exploitations” of “Release A Wiggle” in “Explode,” Break My Soul, Renaissance or other works embodying Da Showstoppaz’s infringed works. They seek actual damages under U.S. copyright law and actual and treble damages under LUPTA, plus an award of damages for unjust enrichment, attorneys’ fees and pre- and post-judgment interest.