Hip-hop star and Pryor Cashman client Future defeated a copyright claim in the U.S. District Court for the Northern District of Illinois regarding his 2018 song "When I Think About It."
The case, which claimed that Future infringed on DaQuan Robinson's song "When U Think About It," was dismissed by U.S. District Judge Martha M. Pacold, who ruled that Robinson failed to allege any facts to support even an inference that Future wrongfully copied protected elements from Robinson's song:
None of the elements Robinson has identified in "When U Think About It" is protectable. First and most critically, the phrase "when you think about it" or "when I think about it" is not entitled to copyright protection ...
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Theoretically, all the[] individually unprotected elements might, in combination, create a plausible allegation of substantial similarity ... the two songs share a similar, commonly used phrase in the chorus and utilize similar themes that exist throughout the genre they share. The songs are also in the same key, have the same "chorus/verse/chorus/verse/chorus" structure, and use the same "core lyric" to support the songs' storylines. These are "small cosmetic similarities" and thus their combination does not raise a plausible inference of unlawful appropriation.
Future (the professional name of Nayvadius Wilburn) was successfully represented in the matter by Pryor Cashman Partner David Rose and Counsel Andrew Goldsmith.
Read the full decision using the link below.
Resources
- DaQuan Robinson v. Nayvadius Wilburn, LLC, et al.
- [Law360] 'Think About It' Judge Finds Future's Song Doesn't Infringe
- [Bloomberg Law] Rapper Future Evades Copyright Suit Over 'When I Think About It'
- [Billboard] Judge Tosses Lawsuit Against Future After Quoting Biggie, Kanye
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