Jackson v. Roberts (In re Jackson)

Jackson v. Roberts (In re Jackson)

Opinion

 [*30]  LEVAL, Circuit Judge:

Plaintiff Curtis James Jackson III appeals from the judgment of the District Court for the District of Connecticut (Warren W. Eginton, J.) granting summary judgment in favor of Defendant William Leonard Roberts II on the grounds that Jackson's claim of [**2]  violation of the Connecticut common law right of publicity is preempted by the Copyright Act. Jackson and Roberts are both recognized hip-hop recording artists, known to the public by their stage names: Jackson is known as "50 Cent" and Roberts is known as "Rick Ross." This dispute arises from Roberts's use of a sample taken from one of Jackson's best-known songs, "In Da Club," in a mixtape entitled Renzel Remixes, which Roberts released for free in 2015, in advance of Roberts's then-upcoming commercial  [*31]  album, Black Market. Jackson's complaint alleged that, on the mixtape, Roberts's use of Jackson's voice performing "In Da Club," as well as of Jackson's stage name in the track title identifying that song, violated Jackson's right of publicity under Connecticut common law. The district court granted Roberts's motion for summary judgment. Because we conclude that Jackson's claim is preempted under either the doctrine of implied preemption or under the express terms of § 301 of the Copyright Act, we AFFIRM the grant of summary judgment.

A. BACKGROUND

In 2003, Jackson released his debut rap album, Get Rich or Die Tryin', which includes the song "In Da Club." Billboard named "In Da Club" as one [**3]  of the "Hot 100 Songs of the Decade." The song helped to propel Jackson to international fame. Jackson recorded "In Da Club" pursuant to an agreement (the "Recording Agreement") with his then record label, Shady Records/Aftermath Records ("Shady/Aftermath"). By operation of the Recording Agreement, Jackson owns no copyright interest in "In Da Club."¹ Moreover, Jackson granted to Shady/Aftermath the "perpetual and exclusive rights during the term of [the Recording Agreement]," and a non-exclusive right thereafter, to use Jackson's name and likeness "for the purposes of trade, or for advertising purposes . . . in connection with the marketing and exploitation of Phonograph Records and Covered Videos hereunder." App'x at 52. Shady/Aftermath, however, agreed to refrain from licensing the recordings made pursuant to the Recording Agreement "for use in a commercial in the United States [with certain exceptions]" or "for use as a 'sample'" without Jackson's consent. Id. at 54. Those restrictions "apply [during and] after the term of [the Recording] Agreement," subject to certain other conditions. While the term of the Recording Agreement is not clear, Jackson contends (and Roberts does not dispute) that it terminated [**4]  in 2014. Id.

In November 2015, Roberts released the mixtape Renzel Remixes for free over the internet. In the hip-hop world, a "mixtape" — unlike a commercial album — is an album of material generally produced by a recording artist for free distribution to fans. As both Jackson and Roberts agree, it is common for hip-hop mixtapes to include "remixes," often consisting of new vocal recordings by the releasing artist, combined with samples of songs by other artists who are identified by name. And as both Jackson and Roberts agree, many hip-hop artists (including Jackson himself) have created mixtapes that included samples of recordings of other artists without obtaining permission from either the recording artist or the copyright holder of the work sampled. Some (but not all) mixtapes are released for free in advance of an upcoming commercial album by the same artist and include material that promotes the upcoming release.

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