Chris Brown, Sony Respond To Greensleeves’ US$1.5 Million Copyright Lawsuit Over Red Rat’s Song

Chris Brown and his label Sony Music Entertainment responded to the US$1.5 million copyright infringement lawsuit which was filed against them by the UK-based Greensleeves Publishing Ltd in a New York District Court last year.  The complaint alleged that Brown and Sony ripped off lyrics and rhythms from Red Rat’s Tight Up Skirt (1997) and used them in Privacy (2017). 

According to court documents recently obtained by DancehallMag, Brown and Sony’s lawyers have rejected the majority of Greensleeves’ allegations, but have met with the Reggae label’s legal representatives for at least one settlement discussion.

Red Rat‘s attorney-at-law Merrick Dammar, who previously revealed that Greensleeves’ lawsuit had been filed without his client’s knowledge or permission, remains confident that the Dancehall deejay’s contentions will be ultimately successful. “I am not in the habit of discussing open cases, but our strategies are being followed and we’re going to see those strategies through to the end. What Greensleeves is doing is part of the process, I am confident that our contention will be addressed, and we will have great success in our endeavours,” Dammar told DancehallMag.

Chris Brown, who is being represented by Pryor Cashman LLP, has claimed that any alleged similarities between Privacy and Tight Up Skirt are not “actionable” because they pertain to ‘commonplace, unprotectable elements; exist in prior art; are a de minimis [immaterial]; and/or constitute a fair use,’ according to court documents.

Meanwhile, Sony, which is being represented by Cowan, Liebowitz & Latman, P.C., has contended that, among other things, Greensleeves does not own a valid copyright for Tight Up Skirt; and that the portion of the song, which was allegedly infringed upon, was “insufficiently original to warrant copyright protection.”

The court documents indicate that the lawsuit is still proceeding to a trial by jury with deadlines for depositions and discovery set for August 30, 2022 and December 20, 2022.

However, Red Rat’s lawyer is confident that the lawsuit could be settled soon.

“The American judicial system does not hinge on dates, but on the process itself. We don’t get tangled up in dates, dates can be adjourned, events can change, the process must play itself out, the dates are not set in stone,” Dammar said.

In their original complaint, Greensleeves said that Privacy included the following phrase at the start of its chorus: “Hey you girl without a tight up skirt!” while Tight Up Skirt included 18 occurrences and variations of the phrase: “Hey you girl inna di tight up skirt!” throughout the record. 

Additionally, they claimed that the rhythms during the ‘tight up skirt’ phrases in both songs were identical. 

Greensleeves, which is being represented by attorney Daniel J. Aaron, had also said that they registered the song with the U.S. Copyright Office on March 16, 2020.  They are seeking over US $1,500,000 in damages plus interest.

Privacy is RIAA-certified double platinum in the United States and currently stands at over 222 million views on YouTube.  It appeared on Brown’s eighth studio album, Heartbreak on a Full Moon, which is also certified double platinum.

Tight Up Skirt was first released in 1997 and later appeared on Red Rat’s album Oh No… It’s Red Rat alongside other hits like Shelly Ann, Dwayne, and Big Man Little Yute with Goofy.  It was produced by Andrew Bradford on his Opera House label.  Bradford, who is also dancehall deejay Buccaneer, is known for Bruk Out, Tek It Easy, and How Can She Forget.

Greensleeves Publishing, which was acquired by VP Records in 2008, is said to hold the largest catalog of Reggae and Dancehall songs in the world.