Be Cool

(2005)   Tags: MGM

JAYBOY MUSIC CORP. v. METRO-GOLDWYN-MAYER PICTURES, INC.

Plaintiff Jayboy Music Corp. holds the copyright to the song “You Really Got Me” by virtue of an assignment from Edward Kassner Music Co., Ltd. of London, England.  Jayboy renewed this copyright on December 31, 1992.

The song “Sexy” appears on the “Be Cool” soundtrack. The opening verses to “You Really Got Me” are “Girl, you really got me going. You got me so I don’t know what I’m doing.”  The chorus in “Sexy” begins with “girl u really got me goin out of control i don’t know what i’m doin.”   Jayboy alleges that the “Sexy” lyricist engaged in “sampling” by deliberately incorporating a key portion of “You Really Got Me” into “Sexy” without authorization.

Judgment: MGM’s motion to compel the joinder of Songs, UMPG, UME and UMC is denied. Magistrate Judge Dollinger will supervise discovery, which shall be completed by September 8, 2006. A pre-trial conference is scheduled before the undersigned on September 11, 2006, at 10:00 a.m.