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Black Eyed Peas copyright case remanded to Summit County
TRACEY BLAIR
Legal News Reporter
Published: September 8, 2014
The case of a musician who was accused of not sharing the proceeds after allowing the Black Eyed Peas to use his band’s song is headed back to a Summit County court.
The saga began in 1982 when Orrin Lynn Tolliver Jr. and bandmates Christopher, James and Samuel McCants recorded “I Need a Freak.”
According to case summary, Tolliver co-wrote and performed the lyrics, Christopher and Samuel co-wrote and performed the music and James published the recording.
In his lawsuit, Christopher McCants claimed the group orally agreed to split the proceeds equally if the song made any money.
Tolliver — who claimed to be the sole author of the song — received a copyright for the lyrics and music in 2002.
In 2005, James — who obtained a copyright for the music in 2012 — agreed to let the Black Eyed Peas remake the song.
Tolliver later sued James in U.S. District Court in New York for copyright infringement. That court found James infringed on Tolliver’s rights under his copyright and awarded Tolliver more than $1 million in damages.
In 2011, Christopher filed his own copyright infringement suit in the Northern District of Ohio against Tolliver and James McCants. The court held that Christopher could not sue his co-owner for infringement.
In July 2012, Christopher McCants filed a breach of contract claim against Tolliver and James McCants in Summit County Common Pleas Court.
Last January, the Summit County court granted Tolliver’s motion for summary judgment, finding they had a lack of jurisdiction since it was an issue of copyright law.
On appeal, Christopher McCants argued pro se that the Summit County court erred by granting Tolliver summary judgment based on copyright issues when the appellant’s claim was for breach of contract.
In a 3-0 opinion, the 9th District Court of Appeals agreed.
“McCants states that the group all agreed that if the song made money that each person would share equally in the proceeds,” 9th District Judge Beth Whitmore wrote. “McCants asserted that Tolliver and James McCants breached that oral agreement by receiving proceeds and not providing him with `his rightful share.’ This alleged promise to split the proceeds is `qualitatively different’ than that of a copyright infringement claim. McCants does not argue that Tolliver could not reproduce, perform, or distribute the song. Instead, McCants argues that he should be compensated according to the alleged agreement between the parties.”
The appellate court reversed the Summit County court’s decision and remanded the case.
Appellate judges Donna Carr and Eve Belfance concurred.
McCants v. Tolliver is cited 2014-Ohio-3478.