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Pryor Cashman secured a decisive victory for UMG Recordings, successfully dismissing a lawsuit that alleged singer Anitta stole key elements of her chart-topping 2023 hit song, "Funk Rave."
Plaintiffs Giorgio Trovato and Giuseppe Di Caccamo Jr. claimed that"Funk Rave"copied the "selection, coordination and arrangement" of the lyrics and hook of their track,"Sácalo." Plaintiffs further claimed that"Sácalo" was a club favorite, widely played in 2007.
However, the Honorable Judge K. Michael Moore dismissed the lawsuit, noting that it was unlikely the Grammy-winning Brazilian artist, then 14 years old, had access to the earlier song.
The plaintiffs also argued that Anitta's co-writer, Diplo, may have been exposed to"Sácalo"in a club. However, the judge agreed with Pryor Cashman's position that mere speculation about Diplo's possible exposure was insufficient to support the claim.
In addition to finding a lack of access, the Court also found that Plaintiffs failed to sufficiently plead substantial similarity. Specifically, in rejecting Plaintiffs' "selection and arrangement" theory, the Court agreed that Plaintiffs failed to establish that the disputed elements of the chorus (melodic cadence, hook, phrasing, structure and delivery) were original to them.
The litigation team was led by Partner James Sammataro, Co-Chair of the Music Group and the Media + Entertainment Litigation Practice, Partner Brendan Everman, a member of the Litigation and Media + Entertainment Groups and with assistance from Associate Kevin Savarese, a member of the Litigation Group.
This victory falls on the heels on the firm's securing a summary judgment victory for Karol G and Tiësto in which it defeated a claim of infringement involving the hit song, "Don't Be Shy." With a long history of representing global artists, record labels, and music publishers, Pryor Cashman remains a go-to firm for complex and closely watched disputes in the music industry.
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