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David Bravo v. Sony Music Publishing LLC Claims Sony Music Publishing LLC owes $150,000 per infringement

David Bravo and Jean Albert Renaud, co-authors of the 1979 composition "Skatin’," have initiated a legal action against Sony Music Publishing LLC and multiple other defendants. The complaint alleges that the defendants have infringed upon the plaintiffs' copyright by sampling "Skatin’" without authorization in two commercially successful tracks. Bravo and Renaud contend that the sampling occurred without their permission, leading to significant public distribution and performance of derivative works derived from their original composition.

According to the complaint, the tracks contain a "literal re-recording and re-use" of key elements of "Skatin’," including its chord progression and melodic structure. This unauthorized use, the plaintiffs argue, has been conducted with "complete disregard for [plaintiffs’] rights," denying them rightful credit and royalties. Despite the defendants' substantial commercial gains from these tracks, as evidenced by extensive streaming and sales figures, the plaintiffs have not received compensation or acknowledgment for their work.

The plaintiffs seek declaratory and injunctive relief, along with actual and statutory damages, punitive damages, attorneys' fees, and other appropriate remedies. They accuse Sony Music of failing to act against the infringement. This claim forms part of the broader allegations against Sony, including breach of contract, breach of good faith, and breach of fiduciary duty.

Alleged Unauthorized Sampling of 'Skatin''

The complaint filed by David Bravo and Jean Albert Renaud accuses the defendants of creating unauthorized derivative works by sampling elements from "Skatin’," a composition co-authored by the plaintiffs in 1979. Defendants allegedly did so without obtaining permission, providing credit, or offering compensation to Bravo and Renaud for the use of their work.

The plaintiffs assert that it is "inarguable that Defendants’ tracks represent a 'literal re-recording and re-use' of Plaintiffs’ original composition," as detailed in the complaint. This claim is supported by an expert report which identifies the unauthorized use of "Skatin’" through the replication of its exact four-bar structure in a 4/4 time signature.

According to the complaint, the infringing works not only mirrored the structural elements but also the harmonic aspects, specifically replicating the fundamental chord progression of A-flat major 7th to G7.

These allegations are central to the plaintiffs' case, asserting that the unauthorized use of these distinct musical components from "Skatin’" constitutes a violation of their copyrights under 17 U.S.C. § 101 et seq. Plaintiffs discovered the infringement around May 2024.

Economic Impact and Damages Sought

The lawsuit filed by David Bravo and Jean Albert Renaud against Sony Music Publishing LLC and others alleges significant economic impact from the unauthorized use of their composition "Skatin’." According to the complaint, the track "Nasty Girl," alleged to contain infringing elements from "Skatin’," achieved over 1 million CD sales, was streamed more than 274 million times on Spotify, and garnered approximately 156 million views on YouTube. Additionally, "I Wanna Thank Ya" was streamed 3.5 million times on Spotify and viewed 166,000 times on YouTube.

Plaintiffs are seeking substantial remedies for these alleged infringements. They have asked the court for actual damages along with the profits made by the alleged infringers from these works. In the alternative, the plaintiffs request statutory damages of up to $150,000 per infringement, as outlined under 17 U.S.C. § 504(c).

Furthermore, the complaint demands compensatory and special damages, punitive damages against Sony Music Publishing, and attorneys’ fees as authorized by 17 U.S.C. § 505.

Key Parties and Relationships

The plaintiffs, David Bravo and Jean Albert Renaud, are the creators behind the 1979 musical composition "Skatin’." Bravo, a 73-year-old keyboardist residing in Long Island, New York, and Renaud, an 84-year-old U.S. Army veteran and musician living in Baltimore, Maryland, collectively co-authored the piece, which they have registered with the U.S. Copyright Office. The registration number for "Skatin’" is PAu 160-397, dated December 17, 1979.

The defendants in this case comprise a range of prominent entities in the music industry accused of creating unauthorized derivative works based on the plaintiffs' composition. These include Sony Music Publishing LLC, the successor to Kenya Music, Inc., with whom Bravo and Renaud entered into a Songwriter’s Agreement in 1980. Other defendants named are music publishers Sony Music Entertainment, Warner Chappell Music, Inc., and Universal Music Publishing International Limited, alongside record label Bad Boy Records, LLC.

Also named in the lawsuit are individual artists and producers who allegedly participated in the creation of songs featuring unauthorized samples of "Skatin’." These individuals include Phalon Anton Alexander, known professionally as Jazze Pha, and well-known performers such as Sean John Combs, also known as Diddy, Calvin Cordozar Broadus Jr., known as Snoop Dogg, and Cornell Iral Haynes Jr., known as Nelly. Additionally, the estates of the late artists Christopher George Latore Wallace, known as The Notorious B.I.G., and Angela Laverne Stone, known as Angie Stone, are listed as defendants.

The complaint accuses these defendants of reproducing sections of "Skatin'" without permission, thus creating derivative works that include the widely known tracks. It asserts that these actions constitute copyright infringement, for which the plaintiffs seek legal remedies. Notably, under the 1980 Songwriter’s Agreement, Bravo and Renaud have a 33.3% share of any recovery from such infringement (¶11).

According to the complaint, Bravo and Renaud have standing to sue as beneficial owners of the copyright to "Skatin’." Their claims include counts of breach of contract and fiduciary duty specifically against Sony Music Publishing LLC.

Infringement and Contracts: Claims Overview

The civil complaint filed by plaintiffs David Bravo and Jean Albert Renaud against multiple high-profile defendants centers around alleged copyright infringement of their work "Skatin’," as well as contractual breaches by Sony Music Publishing LLC.

Count II and Count III of the complaint specifically allege, respectively, a breach of contract and a breach of the implied covenant of good faith and fair dealing by Sony Publishing. According to the complaint, Sony breached the 1980 Songwriter’s Agreement by failing to prosecute infringement at its "sole expense" (¶95), which forms the essence of the breach of contract claim. The complaint argues that Sony failed to protect the copyright interests of Bravo and Renaud despite explicit indications of unauthorized use, thus neglecting its duty to act in the plaintiffs' best interests.

Specific Breaches and Defendants' Conduct

The complaint alleges that Sony Music Publishing LLC (Sony Publishing) failed to uphold its fiduciary duties to Plaintiffs David Bravo and Jean Albert Renaud, citing a "conflict of interest" as the reason for not vigorously protecting Plaintiffs' rights. It is contended that Sony Publishing explicitly acknowledged this conflict when balancing its interests between Plaintiffs and other credited writers.

Further, the filing asserts that the infringing defendants did not obtain the necessary permission, clearance, or licensing to sample the composition "Skatin’," co-authored by Bravo and Renaud, before incorporating elements of it into the songs. This lack of authorization underlies the plaintiffs’ allegations of copyright infringement against both the creators and the publishers involved.

The plaintiffs allege that Sony Publishing breached its fiduciary duties by not only neglecting to take action against the unauthorized use of "Skatin’," but also by allegedly supporting the infringing defendants in their exploitation of the infringing tracks. The complaint claims that this support amounted to a deliberate choice to ignore the unauthorized "theft of Plaintiffs’ foundational backing track" to the plaintiffs' detriment. Such conduct is presented as being contrary to obligations owed under the 1980 Songwriter’s Agreement, in which Sony Publishing was expected to manage and protect Plaintiffs' copyrighted work.

The plaintiffs seek to hold Sony Publishing accountable not only for what they describe as a failure to act, but also for affirmatively prioritizing revenue streams from other credited writers over its contractual obligations to the plaintiffs. The case presents questions about publisher responsibilities under copyright law and the extent to which fiduciary duties may be breached in fulfilling multiple roles in creative rights management.

Relief Sought and Procedural Posture

The complaint outlines several forms of relief they seek. Plaintiffs request a declaratory judgment to affirm copyright infringement of their composition "Skatin’." Additionally, they seek injunctive relief in the form of a permanent injunction to prevent further infringement of their work. The plaintiffs also demand actual and statutory damages to compensate for the alleged unauthorized use of "Skatin’" by various defendants including prominent artists and music labels.

The complaint advocates for punitive damages to address what they describe as willful and ongoing infringement by the defendants. Such damages would serve as a deterrent to future violations and emphasize the gravity of the alleged misconduct. Furthermore, Bravo and Renaud seek attorneys' fees and costs under 17 U.S.C. § 505, asserting that these financial burdens should not be placed upon them given the defendants’ alleged violations of intellectual property rights. Their personal hardships, including David Bravo's severe arthritis and Jean Albert Renaud's limited income and mobility issues, underscore the impact of the alleged infringements on their lives.

The allegations described here are taken from the filing and remain unproven; no responsive pleading is reflected in the source document.

David Brunk is a civil litigation attorney. He can be reached at david@newmanbrunk.com.

From the Complaint Public Court Record

1 ADWAR IVKO Polina Ivko 515 Madison Avenue, 6 th Floor New York, NY 10022 Phone: (212) 725-1818 Email: polina@adwarivko.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x DAVID BRAVO, AND JEAN ALBERT RENAUD (f/k/a ALBERT RENAUD WHITE) Plaintiffs, -against- SONY MUSIC PUBLISHING LLC, SONY MUSIC ENTERTAINMENT, WARNER CHAPPELL MUSIC, INC., UNIVERSAL MUSIC PUBLISHING INTERNATIONAL LIMITED, BAD BOY RECORDS, LLC, PHALON ANTON ALEXANDER p/k/a JAZZE PHA, SEAN JOHN COMBS p/k/a DIDDY, CALVIN CORDOZAR BROADUS JR. p/k/a SNOOP DOGG, CORNELL IRAL HAYNES JR. p/k/a NELLY, THE ESTATE OF CHRISTOPHER GEORGE LATORE WALLACE p/k/a THE NOTORIOUS B.I.G., and THE ESTATE OF ANGELA LAVERNE STONE p/k/a ANGIE STONE Defendants. Case No. COMPLAINT JURY TRIAL DEMANDED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Plaintiffs David Bravo (“Bravo”) and Jean Albert Renaud (“Renaud,” and collectively with Bravo, “Plaintiffs”), by their attorneys, Adwar Ivko, as and for their Complaint against defendants Phalon Anton Alexander (p/k/a Jazze Pha), Bad Boy Records, LLC, Universal Music Publishing International Limited, Sony Music Entertainment, Sony Music Publishing LLC (“Sony Publishing”), Warner Chappell Music, Inc., Sean John Combs (p/k/a Diddy), Calvin Cordozar

2 Broadus Jr. (p/k/a Snoop Dogg), Cornell Iral Haynes Jr. (p/k/a Nelly), the Estate of Christopher George Latore Wallace (p/k/a The Notorious B.I.G.), and the Estate of Angela Laverne Stone (p/k/a Angie Stone) (collectively, “Defendants”) herein, allege as follows: NATURE OF ACTION 1. This case embodies a classic “David versus Goliath” struggle. Plaintiffs are independent, everyday creators seeking to recover their rightful compensation that has been unlawfully diverted to billion-dollar record labels, global music pub

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