Rick Ross Loses Copyright Infringement Claim Over LMFAO’s “Everyday I’m Shufflin” T-Shirts
Back in January 2014, we reported on a new lawsuit from the desk of Rick Ross. The rapper was suing LMFAO for copyright infringement, over the fact that they had a “direct interpolation” from his 2006 hit “Hustlin'” in their own single, “Party Rock Anthem.” On top of which, they began a clothing line which featured the lyric in question (“everyday I’m shufflin'”) prominently. Thus, Rozay wanted proper compensation from the EDM-pop group, on both issues.
However, according to a federal judge in Florida, Ross has no claim of copyright infringement, at least when it comes to LMFAO merchandise that bear the lyrics “everyday I’m shufflin’.” A portion of the lawsuit came to a close, with U.S. District Judge Kathleen Williams stating in her summary judgement,
“The question presented, however, is not whether the lyrics of Hustlin’, as arranged in their entirety, are subject to copyright protection,” she writes in her opinion (read here). “The question is whether the use of a three word phrase appearing in the musical composition, divorced from the accompanying music, modified, and subsequently printed on merchandise, constitutes an infringement of the musical composition Hustlin’. The answer, quite simply, is that it does not.”
She also adds, “The average lay observer would not confuse t-shirts bearing the phrase ‘everyday I’m shufflin” with the musical composition Hustlin’, nor without reference to Party Rock Anthem and Hustlin’, would an average lay observer recognize the merchandise as having been appropriated from Hustlin’.”
Nonetheless the lawsuit isn’t over just yet– a trial will proceed focused specifically on the two songs, to determine if there is copyright infringement involved there. We’ll have to see if Ross has better luck on the music side of things.
