Limp Bizkit’s UMG Fight, Nelly Copyright Case, Barry White Sample Suit & More Music Law News
In this week's Legal Beat, Limp Bizkit alleges decades of unpaid royalties, Nelly's copyright battle takes a twist, Barry White's estate sues over a chart-topping hit, and much more.
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This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Limp Bizkit sues Universal Music Group for $200 million over claims that the band has ‘never’ been paid royalties; a lawsuit against Nelly takes a twist as his former bandmates allegedly push back on the case; Barry White’s estate files a lawsuit over Future and Metro Boomin’s chart-topper “Like That”; and much more.
THE BIG STORY: Has Limp Bizkit Really Never Gotten Royalties?
At one point in the bombshell, $200 million lawsuit Limp Bizkit filed against Universal Music Group last week, the band’s attorneys explicitly asked the question that everyone was thinking as they read the case: “The band had still not been paid a single cent by UMG in any royalties until taking action against UMG, leading one to ask how on earth that could possibly be true.”
How on earth, indeed. How had one of the biggest bands of its era, which sold millions of records during the music industry’s MTV-fueled, turn-of-the-century glory days, still never have been paid any royalties nearly three decades later?
According to Limp Bizkit and frontman Fred Durst, the answer is an “appalling and unsettling” scheme by UMG centered on “systemic” and “fraudulent” policies that were “deliberately designed” to conceal royalties from artists and “keep those profits for itself.”
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Scathing language aside, the lawsuit really appears to be a long-delayed dispute over recoupment.
Durst says that UMG repeatedly told him that Limp remained unrecouped — meaning its royalties still had not surpassed the amount the group had been paid in upfront advances. UMG allegedly told Durst that it had paid out a whopping $43 million in advances over the years, a huge figure that would go a long way to explaining the lack of royalties.
Limp Bizkit’s lawsuit says UMG didn’t provide “any back-up for this alleged amount” – and that the label essentially kept the band in the red with shady bookkeeping, including “intentionally concealing the true amount of sales” and “fraudulent accounting practices.”
“Where did this additional $199,676.00 charged to the account come from?” the band’s lawyers wrote at one point, referring to one such alleged inconsistency. “It seems to have come out of thin air to overdraft Limp Bizkit’s due and payable account in order to defraud Limp Bizkit and show an unrecouped account.”
UMG has not yet publicly commented on the allegations, so we’ll keep you updated when the music giant files its first formal response in court…
Other top stories this week…
ALWAYS MORE DIDDY – Since you last heard from Legal Beat one whole week ago, there have somehow already been four big developments in the story of Sean “Diddy” Combs, who stands accused of decades of sexual abuse. Here goes:
-Attorneys for the rapper filed their opening salvo in an appeal of a ruling denying him pre-trial release on bail, arguing the “sensationalism” of the case led the judge to keep him locked up over “purely speculative” concerns about witness intimidation. In the days since, the appeals court has already declined to issue a quick ruling releasing him; instead, the court will hear the case at normal pace and rule at some point in the next few months on whether he should be set free until trial.
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-Less than a day after filing the appeal, Combs’s team accused the government of leaking evidence to the media in order to “taint the jury pool and deprive Mr. Combs of his right to a fair trial.” Among other evidence allegedly shared with the press? The infamous surveillance video of Combs assaulting then-girlfriend Cassie in 2016, which his lawyers say was leaked “to mortally wound the reputation and the prospect of Sean Combs successfully defending himself.”
-The judge set a May 5 date for the start of Combs’ criminal trial, in which he will face charges of racketeering and sex trafficking over what prosecutors say was a sprawling criminal operation aimed at satisfying his need for “sexual gratification.” The schedule could still be pushed back, particularly if prosecutors file new charges or add defendants to the case, or if Combs eventually gets released on bail and chooses to waive his “speedy trial” right.
-Six new civil lawsuits were filed in Manhattan federal court, including one from a man who says he was sexually assaulted by Combs in 1998 when he was 16 years old and attending one of the rapper’s famed “white parties” in the Hamptons. The cases were the first in a wave of dozens of civil cases that are expected to be filed in the weeks ahead by Los Angeles attorney Andrew Van Arsdale and Texas attorney Tony Buzbee, who earlier this month said they are representing at least 120 such alleged victims.
ST. LUNATICS REBEL – Weeks after Nelly’s former St. Lunatics groupmates sued him for allegedly cutting them out of royalties, an attorney for the star claimed that three of them had never approved the lawsuit in the first place. In a letter sent last month, Nelly’s attorney warned the lawyer who filed the case last month that Murphy Lee (Tohri Harper), Kyjuan (Robert Kyjuan) and City Spud (Lavell Webb) had recently retained his services and had “informed me that they did not authorize you to include them as plaintiffs” and were “demanding you remove their names” from the case.
DR. DRE’S DR. DRAMA – Dr. Dre was hit with a lawsuit accusing him a waging a “malicious campaign of harassment” against a psychiatrist served as a marriage counselor and mediator for the rapper and his now-ex-wife Nicole Young. Dr. Charles J. Sophy says the rapper subjected him to a “barrage of threats” via text message, and even sent fake FBI agents to his home to intimidate him. Dre’s attorneys quickly fired back, saying Sophy only sued because Dre is currently seeking to have his medical license revoked over allegations of “dereliction of duties and incredible incompetence” during the divorce.
SAMPLE SPAT – Barry White’s estate filed a copyright lawsuit over allegations that a prominent sample at the heart of Future and Metro Boomin’s chart-topping “Like That” infringes the rights to a 1973 song by the legendary singer — but they didn’t actually file the case against those stars. Instead, they sued duo Rodney-O (Rodney Oliver) & Joe Cooley, the classic hip hop duo behind “Everlasting Bass,” the track that Future and Metro Boomin sampled.
NAME BLAME – Attorneys for Garth Brooks publicly disclosed the name of a woman who sued the country star for sexual assault, naming her as a defendant in a lawsuit that accuses the woman of extortion and defamation. The move drew a sharp rebuke from the woman’s lawyers, who said Brooks had “publicly named a rape victim” in order to “punish” her for speaking out.
THE CASE ISN’T ALRIGHT – A California appeals court sided with The Offspring in a long-running court case filed by former drummer Ron Welty, rejecting his claims that he was owed millions more from the punk band’s $35 million catalog sale to Round Hill Music. A Los Angeles judge rejected those accusations last year, and California’s Court of Appeals ruled that there had been “no reversible error” in that decision.
I WANT MY ROYALTIES BACK, ROYALTIES BACK – What’s going on in the Chili’s legal department? For the second time this year, the huge restaurant chain was sued over accusations that it used copyrighted music on social media without permission — this time by Universal Music Group over dozens songs by Ariana Grande, Justin Bieber and other stars. The new case came shortly after the advertising-averse Beastie Boys sued Chili’s over the same thing back in July.
TAKING THE STAND – Amid a lawsuit claiming Martin Shkreli might leak copies of Wu-Tang Clan’s ultra-rare album Once Upon a Time in Shaolin, a federal judge ruled that the pharma exec must personally go to court and testify under oath about the fate of the album. Shkreli once owned the album, but was forced to forfeit to federal prosecutors after he was convicted of securities fraud.
YE LAWSUIT UPDATE – Ye (formerly Kanye West) was sued by Lauren Pisciotta, a former assistant who claimed that the rapper drugged and sexually assaulted her during a studio session he co-hosted with Diddy. Pisciotta already sued Ye in July for sexual harassment, breach of contract and wrongful termination, but she filed an updated version of the case that includes the Diddy-linked claims.
