Shenseea Faces $10 Million Copyright Lawsuit Over ‘Lick’ Song With Megan Thee Stallion
Shenseea and her label Interscope Records are facing a multi-million dollar lawsuit over the use of elements of Denise Belfon’s Soca song Work, in the Jamaican singer’s Lick collaboration with rapper Megan Thee Stallion.
The complaint, according to documents obtained by DancehallMag, was filed in the US District Court for the Southern District of New York on March 4, 2022, by New York-based Anastas Hackett aka Pupa Nas-T, who is described as “a well-known artist and music producer in the Caribbean genre of music” and who produced and co-wrote Work in 1999 with Harkness Taitt.
When contacted by DancehallMag yesterday, Shenseea’s co-manager Romeich Major said he was unaware of an impending legal issue and that: “Dat coulda neva happen cause a big label like dat woulda clear everything.”
Hackett, who has worked with numerous Reggae artists such as Shabba Ranks and Maxi Priest, when contacted, confirmed that there was indeed a legal issue with the clearance of Lick, which was produced by Canadian hitmaker Murda Beatz for Shenseea’s debut album Alpha .
“It is an administrative issue. It is a live issue in the courts right now and I have legal counsel so I can’t say much,” Hackett told DancehallMag.
Hackett and his company Traveling Man Productions, LLC., who are listed as the plaintiffs, are being represented by NY attorney Courtney K. Davy. They are seeking over US$10 million in damages, profits accrued from Lick, and attorney costs.
The 9-page complaint names Chinsea Linda Lee (Shenseea), Interscope Records, the UK-based Atal Music Limited, and their employee Alexandre Escolier as defendants.
The complaint contends that Hackett withheld his consent for the use of his song because he found the terms offered by the defendants to be inadequate.
It added that the song was released by the defendants “without authority or consent” from the plaintiffs and “without providing proper credit to the plaintiffs,” on January 21, 2022, “in violation of the United States Copyright Act.”
Lick peaked at No. 20 on the Billboard Bubbling Under Hot 100. The official music video is nearing 10 million views on YouTube.
The complaint continued, “In January of 2022, the defendants were placed on notice that they were using Plaintiffs’ work without authorization and that they are infringing Plaintiffs’ copyright, however, defendants have failed to correct their actions.”
“Instead, the defendants, specifically defendants, Atal Music and Defendant, Alexandre Escolier, continues to rely on their knowingly false claim to their alleged right to publish plaintiffs’ work, notwithstanding them having knowledge that said claim was false.”
The complaint explained that “the nature of the use of the original song is two-fold: (1) an isolated 8-second vocal sample of the phrase “put your back in it”, which is found in the intro @ 0:00-0:08 and in the outro @ 2:23-2:31 of the new work; and (2) a 14-second re-sing of the same phrase (“put your back in it”), which is heard 6x in each chorus @ 0:23-0:37, 1:07-1:21, and 1:53-2:07.”
“In effect, the use of the phrase ‘put your back in it’ is integral to the overall rhythmic feel of the new work and is a continual reminder of its relationship to the original song,” it added.
Damages
The lawsuit requested that the plaintiff be awarded damages, including for copyright infringement damages, and maximum statutory damages for willful infringement of $150,000, as well as costs and attorneys’ fees.
The lawsuit also asked the Court for “judgment that the defendants have violated the Copyright Act and that all such violations have been wilful” and “for judgment assessing Defendants for the damages in excess of $10,000,000”.
It also asks for an award of actual damages and Defendants’ profits attributable to the infringement and listed 43 sources from which it wanted the Court to award to the plaintiff, resulting from exploitation of the work domestically and internationally. Among these were record sales; Downloads; Ringtones; Ringback tones; Public performance revenues; Digital revenue; Streaming revenue; Synchronization licensing; Merchandising; Public appearances; Endorsements; Sponsorships; Spokesperson work; Touring revenue; Advertising revenue and Appearance fees.
In addition to damages, profits and costs, the suit, among other things, is requesting a trial by jury and that the Court order Shenseea and her co-defendants to destroy and remove all traces of the Lick song from the public domain.
“Why would we risk being sued?”
Lick has been shrouded in controversy from the day it was released in January.
At that time, Shenseea was criticized for her categorization of Caribbean fans who had questioned whether she had gotten permission to sample Work. In an Instagram Live session, two days after the release (January 23), an exasperated Shenseea had responded to the questions tersely.
“This is why some Americans don’t even f-k with Caribbean people. You all be acting stupid as shit! And that’s just the fact! Somma you all dumb as shit!” she had declared.
“Right, why would we end up use a sample from somebody else’s song that was done in 2006 or five and not clear the song… Like, before you guys like look at the bigger picture and be like ‘Yo, Shenseea is repping for Caribbean…’ y’all trying to say I stole somebaddy song. Stop f-kin with me! Cause that’s so stupid!” she had added.
The Alpha artist had said that whilst she was unbothered, she did not want people to erroneously believe that she had pirated the song.
“And Megan is on the song. Why would we risk being sued? And it’s not something that is bothering me; it’s because I know that people will run with this narrative… It’s really just ignorance for real. Really just ignorance. An guess wha? Mi nuh care who waan try come afta mi caw guess wha: five year now mi inna di industry. Mi back broad, as you can see, I have a very broad back. Mi nuh give a shit!” she had added.
On the same day (January 23), Work singer Denise Belfon issued a statement that said that “everything was above board” with regard to the sample.
“I would like to send love and congrats to Shenseea, Megan Thee Stallion and their recording labels Interscope, 300 entertainment, Warner Music Group and their management teams, Mr. Romeich and Wassim Salxo “Sal ” and the producers ” Murder on the beats ” for considering and using my song ” work / put your back in it ” on their mega hit Lick,” she had said.
Two days later, on January 25, the Jamaica STAR reported that Hackett had “authorised the sampling of Work by Shenseea, and other clearances.” He told the newspaper that the sampling of Caribbean music was a “wonderful thing” but he warned that clearances must be properly sought for songs “instead of taking it willy-nilly.”
In 2019, Shenseea signed to Interscope Records/Rich Immigrants, a joint venture headed by Jamaican producer Rvssian.