The chart-topping rapper Cardi B is requesting that a Texas judge dismiss a copyright infringement lawsuit over her 2024 single "Enough (Miami)," which she claims is a legal non-starter from the outset.
Filed by Texas-based artist Sten Joddi, also known as Joshua Frausto, and producer Kemikal956 (Miguel Aguilar), the lawsuit accuses Cardi's hit single of taking the melody and bassline from their 2021 song "Greasy Frybread." The track found traction after its inclusion in the FX series Reservation Dogs.
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However, here's the catch, and it's a significant one: the plaintiffs never registered their song with the U.S. Copyright Office. That is a massive problem in any federal copyright case, and Cardi's legal team is taking no prisoners.
In a scathing motion to dismiss, her lawyer, W. Andrew Pequignot, highlighted the glaring legal flaw. "It's black-letter law that to sue in federal court, plaintiffs must register copyright," he wrote. "So, this is a suspense-filled story too, and it ends badly for their copyright claims.
Without that registration, Joddi and Kemikal956 attempted to change lanes, moving from a federal copyright law basis to a state-level, common-law copyright claim. But Cardi's camp contends that federal copyright law preempts those state claims altogether, which is to say, you can't evade the rules at the federal level just because you didn't fill out your paperwork correctly.
The pair also lobbed a few additional accusations, including defamation, misappropriation, and unfair competition. However, Cardi B's team is crying foul on those as well, arguing that they all stem from the same central claim: accusing the rapper of plagiarizing Swarovski. And because that issue is already governed by federal copyright law, they argue that the rest of the claims don't hold up, either.
Even the decision to play on is facing criticism. Cardi B, who resides in New Jersey, and her record labels, Atlantic Recording Corp. and Warner Music Group, both based in New York and Delaware, argue that there is no reason for Texas to be hearing this case.
Exacerbating all of this, Cardi's lawyers claim that the plaintiffs have been changing their story too frequently. They've had several similar complaints, with slightly different wording, and Cardi's people have now asked the court to end it all for good, with no more changes and no more re-dos.
It's a contentious move, but not surprising for Cardi B, who has never been afraid to stand up for herself. Whether the court will agree is another matter; this fight could end up being more sizzle than steak.
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