2019-09-16 Bloomberg Businessweek

64

ILLUSTRATION

BY

GEORGE

WYLESOL

Bloomberg

Businessweek

(USPS

080

900)

September

16,

2019

(ISSN

0007-7135)

H

Issue

no.

4629

Published

weekly,

except

one

week

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February,

April,

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July,

September,

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Mississauga, ON L5T 2N1. Email: [email protected]. QST#1008327064. Registered for GST as Bloomberg L.P. GST #12829 9898 RT0001. Copyright 2019 Bloomberg L.P. All rights reserved. Title registered in the U.S. Patent Office. Single Copy Sales: Call 800 298-9867 or email: [email protected]. Educational Permissions: Copyright Clearance Center at [email protected]. Printed in the U.S.A. CPPAP NUMBER 0414N68830

◼ LAST THING

With Bloomberg Opinion

By Joe Nocera

The Poet Whose Lawsuit

Couldn’t Stop the Party

Abiodun Oyewole v.

Rita Ora et al.

Case # 1:16-cv-01912

① THE ORIGIN In 1968, Abiodun Oyewole, one of three members of The Last

Poets, wrote a poem called “When the Revolution Comes.” Chanted raplike to

the beat of a congo drum, it’s an angry work predicting that one day “blood will

run through the streets of Harlem.” It also laments that, before that moment,

too many black people will “party and bullshit.”

② THE SUIT Fast-forward to 2016: Oyewole hears the song How We Do (Party),

from singer Rita Ora’s 2012 debut studio album, Ora. The song opens with the

repeated phrase “party and bullshit.” Oyewole already knew that Notorious

B.I.G. had written a rap song titled Party and Bullshit in 1992. Angered by Ora’s

use of the phrase, he sues Ora, B.I.G.’s estate, and various related entities for

copyright infringement.

③ THE TRIAL There was no trial. There weren’t even any oral arguments. In

March 2018, U.S. District Court Judge Allison Nathan granted the defendants’

motion to dismiss. She did so in an interesting way, ignoring a classic music

industry argument—i.e., that Oyewole’s poem and the later songs weren’t sub-

stantially similar—and relying instead on fair use doctrine, often used to defend

the use of similar words or plots in journalism or literature.

④ THE TWIST Oyewole’s core complaint had been that Ora and B.I.G. didn’t

just borrow the phrase “party and bullshit,” they used it to suggest fun, in “con-

travention” of Oyewole’s desire to “encourage people NOT to waste time with

party and bullshit.” That’s what doomed him: One of the factors in determin-

ing whether the use of someone else’s words is “fair” or not is whether the new

work is “transformative.” Because Ora’s and Biggie’s use of “party and bullshit”

was the opposite of Oyewole’s, the judge ruled, what they did was legal. On

Sept. 4, the Court of Appeals for the Second Circuit affirmed that Nathan had

issued “a thorough and well-reasoned opinion.” The likelihood that Oyewole

will appeal to the Supreme Court seems, er, slim. <BW> �Nocera is a business

columnist for Bloomberg Opinion

● In case you’re

curious, here’s an

excerpt of the lyrics

from How We Do

(Party): “I wanna party

and bullshit ... // ’Cause

when the sun sets

baby / On the avenue /

I get that drunk sex

feeling / Yeah, when

I’m with you / So put

your arms around

me, baby / We’re

tearing up the town /

’Cause that’s just how

we do.”

● Christopher

Wallace, aka the

Notorious B.I.G., was

given a songwriting

credit on Ora’s single.

So was Motown

Records founder

Berry Gordy Jr. Each

was among the 14

co-defendants named

in Oyewole’s suit,

alongside the

Roc Nation music

label and several

music publishing

companies.

64

ILLUSTRATION

BY

GEORGE

WYLESOL

Bloomberg

Businessweek

(USPS

080

900)

September

16,

2019

(ISSN

0007-7135)

H

Issue

no.

4629

Published

weekly,

except

one

week

in

February,

April,

June,

July,

September,

and

two

weeks

in

December

by

Bloomberg

L.P.

Periodicals

postage

paid

at

New

York,

N.Y.,

and

at

additional

mailing

offices.

Executive,

Editorial,

Circulation,

and

Advertising

Offices:

Bloomberg

Businessweek,

731

Lexington

Avenue,

New

York,

NY

10022.

POSTMASTER:

Send

address

changes

to

Bloomberg

Businessweek,

P.O.

Box

37528,

Boone,

IA

50037-0528.

Canada

Post

Publication

Mail

Agreement

Number

41989020.

Return

undeliverable

Canadian

addresses

to

DHL

Global

Mail,

355

Admiral

Blvd.,

Unit

4,

Mississauga, ON L5T 2N1. Email: [email protected]. QST#1008327064. Registered for GST as Bloomberg L.P. GST #12829 9898 RT0001. Copyright 2019 Bloomberg L.P. All rights reserved. Title registered in the U.S. Patent Office. Single Copy Sales: Call 800 298-9867 or email: [email protected]. Educational Permissions: Copyright Clearance Center at [email protected]. Printed in the U.S.A. CPPAP NUMBER 0414N68830

◼ LAST THING

With Bloomberg Opinion

By Joe Nocera

The Poet Whose Lawsuit

Couldn’t Stop the Party

Abiodun Oyewole v.

Rita Ora et al.

Case # 1:16-cv-01912

① THE ORIGIN In 1968, Abiodun Oyewole, one of three members of The Last

Poets, wrote a poem called “When the Revolution Comes.” Chanted raplike to

the beat of a congo drum, it’s an angry work predicting that one day “blood will

run through the streets of Harlem.” It also laments that, before that moment,

too many black people will “party and bullshit.”

② THE SUIT Fast-forward to 2016: Oyewole hears the song How We Do (Party),

from singer Rita Ora’s 2012 debut studio album, Ora. The song opens with the

repeated phrase “party and bullshit.” Oyewole already knew that Notorious

B.I.G. had written a rap song titled Party and Bullshit in 1992. Angered by Ora’s

use of the phrase, he sues Ora, B.I.G.’s estate, and various related entities for

copyright infringement.

③THETRIALTherewasnotrial.Thereweren’tevenanyoralarguments.In

March2018, U.S. District Court Judge Allison Nathan granted the defendants’

motion to dismiss. She did so in an interesting way, ignoring a classic music

industry argument—i.e., that Oyewole’s poem and the later songs weren’t sub-

stantially similar—and relying instead on fair use doctrine, often used to defend

the use of similar words or plots in journalism or literature.

④ THE TWIST Oyewole’s core complaint had been that Ora and B.I.G. didn’t

just borrow the phrase “party and bullshit,” they used it to suggest fun, in “con-

travention” of Oyewole’s desire to “encourage people NOT to waste time with

party and bullshit.” That’s what doomed him: One of the factors in determin-

ing whether the use of someone else’s words is “fair” or not is whether the new

workis “transformative.”BecauseOra’sandBiggie’suseof“partyandbullshit”

wastheoppositeofOyewole’s,thejudgeruled,whattheydidwaslegal.On

Sept.4, the Court of Appeals for the Second CircuitaffirmedthatNathanhad

issued“athoroughandwell-reasoned opinion.” ThelikelihoodthatOyewole

willappealtotheSupremeCourtseems, er, slim.<BW>�Nocera is a business

columnist for Bloomberg Opinion

● Incaseyou’re

curious,here’san

excerptofthelyrics

fromHowWeDo

(Party): “I wannaparty

andbullshit... // ’Cause

whenthesunsets

baby/ Ontheavenue/

I getthatdrunksex

feeling/ Yeah,when

I’mwithyou/ Soput

yourarmsaround

me,baby / We’re

tearing up the town /

’Cause that’s just how

we do.”

● Christopher

Wallace, aka the

Notorious B.I.G., was

given a songwriting

credit on Ora’s single.

SowasMotown

Recordsfounder

BerryGordyJr. Each

was among the 14

co-defendants named

in Oyewole’s suit,

alongside the

Roc Nation music

label and several

music publishing

companies.