A copyright infringement lawsuit against rapper Megan Thee Stallion, Warner Music Group, and others over her hit song “Savage” has been dismissed by a New York federal court.
According to Digitial Music News, the lawsuit, filed by hip-hop producer James Greene, alleged that “Savage” borrowed elements from his 1999 instrumental track “It’s About to Be On.” Greene claimed he had sent CDs containing his music to industry figures in the early 2000s, including a mentor of “Savage” producer J. White Did It.
However, U.S. District Judge Katherine Polk Failla granted the defendants’ motion to dismiss the case entirely. Pryor Cashman, the law firm representing Megan Thee Stallion and the other defendants, announced the dismissal in a press release on June 18.
Judge Failla ruled that Greene did not provide sufficient evidence that the defendants had access to his work. Even if access had been established, she found that the similarities between the two songs were insufficient to support the claim.
“Judge Failla listened to the works at issue and found that Greene could not establish that his work was similar to ‘Savage’ under either the substantial similarity or striking similarity standard, providing an independent ground for dismissal,” Pryor Cashman stated. The judge concluded that any appeal from her dismissal “would not be taken in good faith.”
The judge’s ruling reported that while both tracks share a similar time signature and rhythmic sequence, these elements are not protected by copyright. The court also found that the “siren sounds and piano instrumentation” in both songs were “qualitatively distinct.”
Judge Failla noted, “Despite this cursory and unprotectable structural similarity, the substance of the two drum patterns is qualitatively different and would preclude an ordinary listener from finding substantial similarity.”
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