On February 15, 2007 a lawsuit was filed in Norfolk, VA at the Eastern District of Virginia Federal Court by VA rapper Face Dirty a.k.a. Christopher Chapman and his attorney Duncan Byers.  After allowing ample time for Universal and Fat Joe to respond to the allegations, Chapman and his attorney decided enough was enough.  

Chapman is suing Universal/Motown Records for “gross, wrongful, and willful access" through [former] A&R Antwon Barnes and copyright infringement in regards to the label and Fat Joe/Terror Squad.

“Universal/Motown Records can not hide behind their representative.  These record labels know the reputation of these A&Rs before they hire them,” Byers said.  

The question of winning or losing this case rests on the ability to prove access to Chapman’s material and the copying of the material.  Byers admitted he was told directly by industry execs that Fat Joe doesn’t write any of his own material, it is handed to him.  “He is the face man.”  Chapman and Byers have physical proof of access so they only need show “common elements” of the two versions.

“Once you strip away certain structural elements used in rap music such as the rhythm and beats the core element is the same.”  In this case the core element being the intent behind “Lean Back”, not only the expression lean back, but the dance as well.

The complaint seeks back royalties and future royalties from the song “Lean Back,” punitive damages, court costs, attorney fees, and all rights to “Lean Back.”  Under federal statute, the attorney fees are recoverable on the basis of the copyright suit itself.

Universal/Motown Records and Fat Joe/Terror Squad are being subpoenaed by the U.S. Marshals, but a few “procedural” issues are being addressed.   

The VA court in which the suit has been filed is known for having “Rocket Dockets,” meaning they process civil cases faster than any other courts in VA and they don’t grant motions.  The case is assigned to Judge Jerome B. Friedman, but is not assigned a court date as of yet.  Generally, it takes anywhere from six to eight months from the date a suit is filed to grant a court date.  Chapman is looking at a timeline between August and October of this year if there is no settlement made before the court date.

“If they’re dumb enough to do me the good service of going to court, damn right I’m going to win,” Chapman says.

At this point Universal and Fat Joe have very few options.  A couple of options are to settle out of court to avoid a trial or to battle this out in court that would turn into a media circus.  

According to Byers, “I don’t think Chris is even willing to settle at this point.  He has been dragged through the mud and tossed to the side by these industry executives.” Continued on page 2 »