Rap stars Drake and Chris Brown have asked a U.S. District Court in Florida to dismiss a copyright claim alleging that the pair “copied” another duo’s song when they wrote their 2019 hit “No Guidance.” Brandon Cooper and Timothy Valentine filed a claim against Drake and Brown in October, asserting that “No Guidance” was copied or principally “derived” from “the beat, lyrics, hook, rhythmic structure, metrical placement, and narrative context” of their song “I Love Your Dress.”
The pair seek monetary damages including no less than 50 percent of all direct and indirect revenues generated by “No Guidance.”
The attorneys representing Drake and Brown argue that Cooper and Valentine’s claim is “baseless,” focusing closely on the suit’s allegation that Drake and Brown stole the hook “you got it” from Cooper and Valentine.
The copyright lawsuit claims that “I Love Your Dress” contains the lyrics “She got it; she got it” repeated 16 times, while “No Guidance” repeats “You got it, girl; you got it” at least 11 times. But the “[p]laintiffs’ suit is premised upon the alleged similarity [to a] wholly generic lyrical phrase,” claim Drake and Brown’s attorneys. “No one, including plaintiffs, can own or monopolize the non-copyrightable phrase ‘you got it,’ and it should come as no surprise that this phrase appears in countless other works.”
Notably, Cooper and Valentine’s claim goes beyond the mere similarity between the single phrases “you got it” and “she got it”, arguing that musicology experts have found a “high degree of combined similar features” between the two songs, “including the hook lyrics and the primary scale degrees.” (emphasis added). They argue that non-expert listeners can discern the similarities as well.
Cooper and Valentine even go so far as to contend that Drake and Brown deliberately taunted them with the song’s “flew the coop” line, which Cooper claims is in reference to his “Coop” nickname.
In their request that the court dismiss the claim, Drake and Brown argue that Cooper and Valentine can’t prove that the stars ever heard “I Love Your Dress” before writing “No Guidance,” suggesting the suit is based on “speculative allegations.”
Generally, a musician who accuses others of infringing their copyright must prove the alleged thieves had “access” to the copied song – either proving that they actually heard it or proving that the copied music was widely disseminated.
This is one of a flurry of recent copyright claims brought against the writers and producers of recent musical hits. It will be important to keep an eye on how the court rules on Drake and Brown’s motion to dismiss.
If you are an artist and need legal assistance, contact The Myers Law Group to have a copyright attorney guide you through the copyright process. We are available for a no-obligation consultation.