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LEGAL TALK

Migos Sued for Copyright Infringement for "Walk It Talk It": Why not filing a Copyright can Cost You.

On November 12, 2019, the District Court dismissed the copyright infringement complaint filed by rapper Leander Pickett (aka M.O.S.), which claimed that the Migos popular hit “Walk it Talk It” infringed on his song “Walk it Like I Talk It.”  Pickett filed a copyright for his song, Walk it Like I Talk It on March 2018, and on October 24, 2018 Leander filed his lawsuit alleging copyright infringement. One of the reasons Leander suit was dismissed was because the lyrics “walk it like I talk it”—— the Court ruled, was a short and commonplace phrase, and therefore not protectable under copyright law.

Now, the above mention dates are important because one of the reasons the case was dismissed was because Leander failed to have a valid and fully registered copyright for the composition of music before he filed his lawsuit.

The Supreme Court, as of April 2019, has held that one MUST  have their copyright fully registered in order to file a lawsuit. This is much different than before when one could file a copyright, and sue for copyright infringement without receiving a decision from the Copyright Office regarding their copyright. This new rules makes it even more important for artist, businesses, and creatives to file their copyrights often and frequently. You don’t want a scenario in which your case is dismissed by Courts and infringers because your Copyright is pending registration, and leading to your law suit likely being dismissed. Yes, it’s true once you create something, whether it be a CD or a written poem, you automatically receive a copyright, but failure to register your Copyright in a timely manner now holds even heavier consequences.