William Smith v. The Weeknd

Summary

William Smith is suing The Weeknd, his management, and multiple music publishers and record labels for copyright infringement in federal court. The complaint alleges unauthorized use of Smith's copyrighted work in connection with The Weeknd's music or recordings. The case involves major players including UMG Recordings, Warner/Chappell Music, and Kobalt Music Publishing.

Summary generated by AI from public docket data. Verify against the original filing before relying on it.

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Cause

17:501 Copyright Infringement

Entities in this case

Parties

UMG Recordings, Inc. (defendant) XO&co., Inc. (defendant) The Weeknd XO Music, ULC (defendant) Artist Nation Management Group, Inc. (defendant) Wassim Salibi (defendant) Sal and CO LP (defendant) Sal and CO Management LP (defendant) Warner/Chappell Music Scandinavia AB (defendant) WB Music Corp. (defendant) Warner/Chappell Music, Inc. (defendant) Songs of SMP (defendant) SONGS Music Publishing LLC (defendant) KMR Music Royalties II SCSP (defendant) Kobalt Songs Music Publishing, Inc. (defendant) Big Life Music Ltd (defendant) Universal Music Publishing BL Limited (defendant) Universal Music Publishing LTD (defendant) Universal Music Corporation (defendant) Sidney K Kanazawa (mediator (adr panel)) Alan G Dowling (mediator (adr panel))

Docket entries

1. #1542021-11-01

   MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 146, CCA # 20-55861. The judgment of this Court, entered October 08, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 153, AFFIRMED.](mat) (Entered: 11/03/2021)

2. #1532021-10-08

   MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,, 146 filed by Brian Clover, Scott McCulloch. CCA # 20-55861. The decision of the district court is AFFIRMED. (mrgo) (Entered: 10/08/2021)

3. #1522020-11-02

   BILL OF COSTS. Costs taxed in the amount of $10,090.56 in favor of Defendants and against Plaintiffs. RE: APPLICATION to the Clerk to Tax Costs against All Plaintiffs re: Judgment. 139, 143 (vmun) (Entered: 11/02/2020)

4. #1512020-09-04

   MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: 144 MOTION for Attorney Fees. For the foregoing reasons, the Court concludes that the degree of success that Defendants achieved is the only factor that weighs clearly in favor of awarding them attorneys' fees. All other factors either are on balance neutral or weigh against awarding fees. Taking into account all of the circumstances of the case and considering all of the relevant factors, the Court in its discretion declines to award attorneys' fees to Defendants. See Ets-Hokin, 323 F.3d at 766 (affirming denial of fees where the only factor weighing in the prevailing defendant's favor was the degree of success obtained). The Court therefore denies Defendants' Motion for Attorneys' Fees. (SEE DOCUMENT FOR DETAILS) (mrgo) (Entered: 09/04/2020)

5. #1502020-08-31

   REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees 144 filed by Defendants MXM Music AB, The Weeknd XO, LLC, Warner/Chappell Music, Inc.. (Attachments: # 1 Reply Declaration, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6)(Anderson, Peter) (Entered: 08/31/2020)

6. #1492020-08-24

   Opposition Motion to Appoint Attorneys Fees re: NOTICE OF MOTION AND MOTION for Attorney Fees 144 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Attachments: # 1 Declaration Declaration of Brian Clover, # 2 Declaration Declaration of Scott McCulloch)(Glennon, James) (Entered: 08/24/2020)

7. #1482020-08-21

   NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55861 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, 146 as to Plaintiffs Brian Clover and Scott McCulloch. (yl) (Entered: 08/24/2020)

8. #1472020-08-21

   RESPONSE IN SUPPORT of APPLICATION to the Clerk to Tax Costs against plaintiffs All Plaintiffs re: Judgment, 139, 143 filed by Defendants Artist Nation Management Group, Inc., Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, MXM Publishing, MXM, LLC, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Songs of SMP, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., WB Music Corp., Warner/Chappell Music, Inc., Wolf Cousins, XO&co., Inc.. (Attachments: # 1 Exhibit 3)(Anderson, Peter) (Entered: 08/21/2020)

9. #1462020-08-19

   NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff/Appellant Brian Clover, Scott McCulloch. Appeal of Judgment, 139, Order on Motion for Summary Judgment,,,, 138, Order on Motion to Continue,,, 123, Order on Motion to Compel Answers to Interrogatories,, Order on Motion to Produce, 108, Minutes of In Chambers Order/Directive - no proceeding held,,, Add and Terminate Attorneys,, 107, Order on Motion to Withdraw as Attorney,,,,, 105, Order on Motion to Dismiss Case,, 56 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27699332.) (Attachments: # 1 Exhibit Judgement and Orders)(Glennon, James) (Entered: 08/19/2020)

10. #1452020-08-19

    OBJECTIONS to APPLICATION to the Clerk to Tax Costs against plaintiffs All Plaintiffs re: Judgment, 139, 143 filed by Plaintiffs Brian Clover, Scott McCulloch, William Smith. (Glennon, James) (Entered: 08/19/2020)

11. #1442020-08-13

    NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendants MXM Music AB, The Weeknd XO, LLC, Warner/Chappell Music, Inc.. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Memorandum, # 2 Declaration of P. Anderson, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Declaration of L. Pina, # 7 Proposed Order) (Anderson, Peter) (Entered: 08/13/2020)

12. #1432020-08-05

    APPLICATION to the Clerk to Tax Costs against plaintiffs All Plaintiffs re: Judgment, 139, filed by defendants Warner/Chappell Music, Inc., MXM Music AB, Jason Quenneville, The Weeknd XO, Inc., DeHeala and Co., LLC, The Weeknd XO, LLC, XO&co., Inc., Universal Music Corporation, Universal Music Publishing, Inc., SONGS Music Publishing LLC, Savan Harish Kotecha, Wolf Cousins, UMG Recordings, Inc., Karl Martin Sandberg, Kobalt Songs Music Publishing, Inc., Sal and CO Management LP, Ahmad Balshe, Artist Nation Management Group, Inc., Wassim Salibi, Sal and CO LP, The Weeknd XO Music, ULC, MXM, LLC, Abel Makkonen Tesfaye. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Anderson, Peter) (Entered: 08/05/2020)

13. #1422020-07-31

    ORDER EXTENDING DEADLINE TO FILE MOTION FOR ATTORNEYS' FEES by Judge Percy Anderson, re Stipulation for Extension of Time to File, 141 . IT IS HEREBY ORDERED that the time for Defendants to file a motion for attorneys' fees be and hereby is extended to August 13, 2020. (mrgo) (Entered: 08/03/2020)

14. #1412020-07-31

    STIPULATION for Extension of Time to File Motion for Attorney Fees filed by defendant Ahmad Balshe, DeHeala and Co., LLC, Kobalt Songs Music Publishing, Inc., Savan Harish Kotecha, MXM Music AB, Jason Quenneville, SONGS Music Publishing LLC, Sal and CO LP, Sal and CO Management LP, Wassim Salibi, Karl Martin Sandberg, Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO, Inc., UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Warner/Chappell Music, Inc., XO&co., Inc.. (Attachments: # 1 Proposed Order)(Anderson, Peter) (Entered: 07/31/2020)

15. #1402020-07-23

    REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: # 1 Judgment) (mrgo) (Entered: 07/23/2020)

16. #1392020-07-22

    JUDGMENT by Judge Percy Anderson Related to: Order on Motion for Summary Judgment, 138 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants shall have judgment in their favor against plaintiffs William Smith, Brian Clover, and Scott McCulloch (collectively "Plaintiffs"). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs take nothing and that Defendants shall have their costs of suit. (MD JS-6, Case Terminated). (mrgo) (Entered: 07/23/2020)

17. #1382020-07-22

    MINUTE ORDER (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: 113 for Summary Judgment. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for July 20, 2020, is vacated, and the matter taken off calendar. For all of the foregoing reasons, the Court concludes that Plaintiffs have failed to establish genuine disputed issues of material fact concerning Defendants' access to Plaintiffs' musical composition or that Defendants' musical composition is substantially similar to Plaintiffs' work in its protectable elements. As a result, Plaintiffs cannot establish a triable issue of fact as to either access or copying to prevail on their claims for copyright infringement. Plaintiffs' state law claims also fail as a matter of law. The Court therefore grants Defendants' Motion for Summary Judgment. The Court will issue a Judgment consistent with this Order. (See document for full details) (mrgo) (Entered: 07/23/2020)

18. 2020-07-17

    Text Only Scheduling Notice

19. 2020-05-20

    Text Only Scheduling Notice

20. 2019-08-22

    Text Only Scheduling Notice

Docket history from CourtListener/RECAP — most recent first.