A federal judge says Missy Elliott must face trial in a lawsuit filed by a man who claims to have co-written several of her decades-old songs, though the judge dismissed allegations over one particular song released by Aaliyah.
via: Rolling Stone
In a ruling obtained by Rolling Stone, which was filed on Monday, Judge Nitza I. Quiñones Alejandro refused to dismiss Williams’ lawsuit. The judge also granted in part Elliott’s claims for summary judgement over Aaliyah’s song “Heartbroken,” one of five songs in dispute.
Elliott’s attorneys argued that for four of the five allegedly co-written songs (released by her Nineties R&B group Sista), the rapper did not meet with Williams until after the songs were produced. Williams disputed this claim, testifying during his deposition that he and Elliott worked together between 1993 and 1996. The songs in question appeared on 1994’s 4 All the Sistas Around Da World. The judge is leaving this up to a jury to decide.
“Considering these conflicting arguments and evidence, a genuine issue of material fact exists as to whether Williams and Elliott were working together at the time of the production of the SISTA album 4 All the Sistas Around Da World and whether Williams’ contributions to the Unpublished Songs were used on derivative songs released on the album,” Judge Alejandro wrote.
Williams also argued that he co-wrote Aaliyah’s song “Heartbroken” off of her 1996 album One in a Million with Elliott, but the judge dismissed the claim, ruling that Williams knew for decades that his name was not mentioned in the song credits. “Williams commenced this action against Elliott on November 14, 2018, over twenty-two years after the release of Heartbroken.
Under these circumstances, this Court further finds that Williams has failed to offer evidence that he exercised due diligence. As such, Williams’ co-ownership claim based on the song Heartbroken released by Aaliyah is barred by the three-year statute of limitations. Accordingly, Elliott’s motion for summary judgment is granted as to Williams’ co-ownership claim based on Aaliyah’s song Heartbroken,” Judge Alejandro wrote.
An attorney for Elliott did not immediately return Rolling Stone‘s request for comment, and Williams did not immediately respond to a request for comment. A pretrial conference between Williams and Elliott will take place on Nov. 13.
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