Judge Dolly M. Gee of the Central District of California recently awarded singer Lizzo a major victory in a copyright dispute concerning the artist’s hit song “Truth Hurts.” In her ruling, Judge Gee dismissed with prejudice a claim that Lizzo must share copyright ownership of “Truth Hurts” with the plaintiffs in the case, because the co-ownership claim was based only on the plaintiffs’ contributions to a prior independent work. See Melissa Jefferson v. Justin Raisen et al.

The proceedings began in 2019, when Lizzo filed an action against songwriters Justin Raisen, Jeremiah Raisen, and Justin “Yves” Rothman, seeking a judicial declaration of non-infringement as to “Truth Hurts.” In response, the three songwriters filed a counterclaim for declaratory relief, seeking a judgment stating that they are joint authors and co-owners of the work.

The Raisens and Rothman allege that in April of 2017, they met with Lizzo and her collaborator Saint John for writing and recording sessions where they worked on a different song, titled “Healthy.” They claim that during that session, while searching the internet for inspiration, Saint John came across a meme that read “I did a DNA test and found out I’m 100% that…” Amused by the line, Jeremiah Raisen suggested it be used as a lyric in “Healthy.” Although Lizzo and Saint John were against the idea at first, they eventually included the “100%” lyric in “Healthy.”

The songwriters allege that after their session, Lizzo continued working on “Healthy,” and that she eventually evolved the song into “Truth Hurts.” “Truth Hurts” was then released in September of 2017, crediting Lizzo, Saint John, and two others as writers. The Raisens and Rothman allege that “Truth Hurts” incorporates the “100%” lyric and other musical elements from “Healthy.” These alleged facts form the basis of the songwriters’ copyright co-ownership claim.

Last year, Judge Gee dismissed the co-ownership counterclaims without prejudice, to the extent they were premised on allegations that Lizzo copied “Healthy” in creating “Truth Hurts.” In that prior order, the court concluded “[j]oint authorship in a prior work is insufficient to make one a joint author of a derivative work.”

The court reached the same conclusion here, after considering the songwriters’ amended counterclaims. Even though the amended counterclaims were “stripped of all statements that Truth Hurts copied or was derived from Healthy,” they “continue[d] to allege the same underlying facts that indicate ‘Healthy’ was a standalone song and not an incomplete, partial contribution.” Put differently, the counterclaimants continued to allege that “Healthy” and “Truth Hurts” were distinct songs. Specifically, the court pointed to allegations that “Healthy” was being considered for inclusion on Lizzo’s upcoming EP. Again, the court determined that joint authorship on a prior standalone work is not enough to confer joint authorship in a derivative work.

The court clarified that even though joint authorship of a prior work is insufficient to sustain co-ownership claims, it does not preclude them. If the songwriters had adequately pled the required elements of joint authorship, they could have still succeeded on their co-ownership claim. But the court determined that the songwriters failed to do so; the court ruled two of the three factors required for establishing joint authorship weighed against a finding of joint authorship. Though the court did not address the third factor,[1] it found the songwriters’ failure as to the other two factors was enough to preclude their joint authorship claim.

First, the court determined the songwriters pled no facts suggesting control over “Truth Hurts.” The songwriters only alleged control over elements of “Healthy.” The court found this might have been persuasive had they been able to show that “Truth Hurts” was actually the end product of “Healthy.” But because the songwriters’ allegations suggested that the two works were entirely distinct, their purported control over “Healthy” carried no weight as to “Truth Hurts.” As the court noted, even assuming the songwriters controlled Lizzo’s use of the “100%” lyric in “Healthy,” they had no control over her choice to use it in “Truth Hurts.”

Second, the court ruled the songwriters failed to adequately plead manifestation of a shared intent to be co-authors. The songwriters argued that by crediting Saint John on “Truth Hurts” based solely on his contributions during the April 2017 sessions, Lizzo manifested an intent and understanding that all the collaborators at the April 2017 sessions would be co-authors. The court was unconvinced. First, even assuming a shared intent to co-author songs written at the April 2017 sessions, “Truth Hurts” was not written at those sessions. Judge Gee noted that at the time of the April 2017 sessions, the Raisens and Rothman only intended to co-author “Healthy” – not some future undefined work. Further, the court found Lizzo’s choice to credit St. John and others actually showed an intent not to include the Raisens and Rothman; she explicitly chose to exclude them while choosing to include others.

This decision serves as a reminder that co-ownership claims and infringement claims are not interchangeable. Claims for co-ownership must be grounded in contributions to the work at issue, and not in some other independent work – even if the works may share elements.

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[1] The third factor, which the court did not address, is whether the audience appeal of the work turns on both contributions and whether the share of each contribution in the work’s success can be appraised.

Photo of Sandra Crawshaw-Sparks Sandra Crawshaw-Sparks

Sandra A. Crawshaw-Sparks is a partner in the Litigation Department. Sandy handles a wide variety of litigation and transactional matters in the entertainment industry, with a special focus on music. She maintains a bi-coastal practice and has represented many clients in connection with…

Sandra A. Crawshaw-Sparks is a partner in the Litigation Department. Sandy handles a wide variety of litigation and transactional matters in the entertainment industry, with a special focus on music. She maintains a bi-coastal practice and has represented many clients in connection with matters involving recording, publishing, licensing and management contracts, copyrights, trademark rights, unfair competition claims, and the rights of privacy and publicity.

Sandy typically handles copyright infringement, trademark infringement, enforcement of personal services contracts, accounting and royalty disputes, and matters involving the rights of privacy and publicity.

As a regular and substantial part of her practice, Sandy counsels clients in connection with transactions, negotiates pre-litigation resolutions of accounting and royalty disputes, negotiates licensing arrangements, and handles applications for court approval of personal services contracts with minors.

Sandy is ranked by Chambers USA having been described by clients as “brilliant at resolving key points.” She is also the Deputy National Legal Counsel to the National Academy of Recording Arts & Sciences, Inc. (the GRAMMY® Award organization).

Sandy’s clients have included: Amerie; Fiona Apple; Hall & Oates; Matisyahu; Meat Loaf; Madonna; Lady Gaga; The Police; Debbie Gibson; Sally Hershberger; Judd Hirsch; Britney Spears; Shania Twain; the recording group “Living Colour”; Trent Reznor (of “Nine Inch Nails”); Just Blaze; Sting; Luther Vandross; and the recording group “U2.” Sandy has also represented numerous entertainment industry leaders, including: Chris Blackwell; Jimmy Iovine; and Russell Simmons. The music industry companies she has represented include: American Recordings; BMG Music Publishing (including FirstCom music and Zomba Music Publishing); Cash Money Records; Def Jam Recordings; EMI-Capitol Music Group (including Capitol Records, EMI Records, SBK Records, and Virgin Records); EMI Music Publishing; Gee Street Records; IslandLife; the Island Trading Company; JB Music Publishing; Jellybean Recordings Inc.; the National Academy of Recording Arts and Sciences; Palm Pictures; Maverick Recordings; Prime Wave Music Publishing; Rykodisc, Inc.; Sony BMG Music Entertainment Group (including Arista Records, J Records, Jive Records, Provident Music Group, RCA Records, Zomba Recording Corp., and Verity Records); Universal Music Group (including Interscope Records; Geffen Records; GRP Records; MCA Music Publishing; MCA Records; Island Pictures; Island Music; Island Records; Mercury Records; Motown Records, and PolyGram Records); Vagrant Records; Warner Bros. Records; Warner/Chappell Music; and Wind-Up Records.

Photo of David Munkittrick David Munkittrick

David Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal.

David has been involved in some of the most significant antitrust…

David Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal.

David has been involved in some of the most significant antitrust matters over the past few years, obtaining favorable results for Fortune 500 companies and other clients in bench and jury trials involving price discrimination and group boycott claims. His practice includes the full range of antitrust matters and disputes: from class actions to competitor suits and merger review. David advises antitrust clients in a range of industries, including entertainment, automotive, pharmaceutical, healthcare, agriculture, hospitality, financial services, and sports.

David also advises music, publishing, medical device, sports, and technology clients in navigating complex copyright issues and compliance. He has represented some of the most recognized names in entertainment, including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell.

David maintains an active pro bono practice, supporting clients in the arts and in immigration proceedings. He has been repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service, and is a recipient of Proskauer’s Golden Gavel Award for excellence in pro bono work.

When not practicing law, David spends time practicing piano. He recently made his Carnegie Hall debut at Weill Recital Hall with a piano trio and accompanying a Schubert lieder.

David frequently speaks on antitrust and copyright issues, and has authored or co-authored numerous articles and treatise chapters, including:

  • Causation and Remoteness, the U.S. Perspective, in GCR Private Litigation Guide.
  • Data Breach Litigation Involving Consumer Class Actions, in Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age.
  • Location Privacy: Technology and the Law, in Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age.
  • FTC Enforcement of Privacy, in Proskauer on Privacy: A Guide to Privacy and Data Security Law in the Information Age.
  • The Role of Experts in Music Copyright Cases, Intellectual Property Magazine.
  • Nonprofit Education: A Historical Basis for Tax Exemption in the Arts, 21 NYSBA Ent., Arts, & Sports L.J. 67
  • A Founding Father of Modern Music Education: The Thought and Philosophy of Karl W. Gehrkens, Journal of Historical Research in Music Education
  • Jackson Family Wines, Inc. v. Diageo North America, Inc. Represented Diageo in trademark infringement litigation
Photo of Anisha Shenai-Khatkhate Anisha Shenai-Khatkhate

Anisha Shenai-Khatkhate is an associate in the Litigation Department. She is a commercial litigator with a particular emphasis on false advertising and consumer class actions, copyright disputes, and related intellectual property litigation. Anisha has experience representing and advising clients in a wide array…

Anisha Shenai-Khatkhate is an associate in the Litigation Department. She is a commercial litigator with a particular emphasis on false advertising and consumer class actions, copyright disputes, and related intellectual property litigation. Anisha has experience representing and advising clients in a wide array of industries including consumer products, music and entertainment, publishing, telecommunications, fashion and sports.

Anisha is an editor of and a frequent author for Proskauer’s advertising law blog, Proskauer on Advertising.

Prior to joining Proskauer, Anisha earned a B.A. in Neurobiology from Harvard University, and J.D. from Columbia Law School. While at Columbia, Anisha interned at Volunteer Lawyers for the Arts, helping to provide pro bono legal services to New York artists and arts organizations. She also served as an articles editor of the Columbia Science and Technology Law Review, and was the recipient of Columbia Law School’s Emil Schlesinger Labor Law Prize, awarded annually to the student most proficient in the subject of labor law.