A New York court dismissed Roddy Ricch‘s copyright lawsuit regarding his hit song “The Box.”
“No reasonable jury could find that the works are substantially similar,” wrote Judge Torres in order to dismiss.
Roddy Ricch’s “The Box” was a massive hit, spending 11 weeks at #1 on the Billboard Hot 100, and reaching No.1 in several other countries. The track was featured on his 2019 debut album Please Excuse Me For Being Antisocial.
Greg Perry filed a lawsuit in December 2022, alleging that “The Box” ripped off his co-written 1975 R&B song. Roddy Ricch and other defendants have been granted a motion to dismiss by US District Court Judge Analisa Torres. The case included Peermusic III Ltd., Kobalt Music Publishing America, Warner-Tamerlane Publishing, and Atlantic Records.
Perry claimed in his complaint filed with the US District Court for the Southern District of New York that “The Box” is an unauthorized duplication and infringement of certain elements of “Come On Down.”
“‘The Box’ is so substantially similar to Come On Down that ordinary observers would accurately perceive that the two songs sound the same, which they do,” said Perry.
Judge Torres rejected Perry’s claims of similarity in his complaint, either for not being similar or being uncopyrightable basic elements of music.
“‘Come On Down’ is a soul song that contains a melodic tune, while The Box is a hip-hop song delivered in a monotone rap,” wrote Judge Torres. “The tempo of the [Come On Down] (96 beats per minute) is significantly faster than that of The Box (58 beats per minute)… [Come On Down] involves acoustic instruments; the instrumental to The Box ‘consists primarily of synthesizer.”
“The ‘feel’ of the two songs is also dissimilar: [Come On Down] is a sentimental song about ‘love and heartbreak,’ while The Box is a braggadocious song about ‘amassing wealth, sleeping with multiple women, and being more skilled than other rappers’.”
Before dismissing the case, Judge Torres adds: “In light of the significant dissimilarities, no average lay observer listening to the songs would ‘regard the aesthetic appeal as the same’.”