A federal judge says Universal Music Group and Playboi Carti didn’t abuse the Digital Millennium Copyright Act when they issued a takedown notice – erroneously, it turns out – against another rapper’s song that used the same beat.
A rapper named G-Baby (Jordan White) sued the label and artist last year after they red-flagged his song “Oi!” for using the same underlying beat as Carti’s “Right Now.” The takedown turned out to be wrong — G-Baby had legally licensed the same beat that Carti had, and he had actually released his song first.
The lawsuit claimed that the move violated the DMCA’s safeguards against improper takedowns, but a judge dismissed those claims Tuesday – citing previous decisions that such restrictions only prohibit intentionally false use of the takedown system.
“Because the DMCA requires only a good faith belief that material is infringing, a copyright holder is not liable for misrepresentation under the DMCA if they subjectively believe the identified material infringes their copyright, even if that belief is ultimately mistaken,” Judge Analisa Torres wrote.
In G-Baby’s case, the judge noted that he had effectively conceded that the UMG employee who flagged “Oi!” as a copyright infringement did not know that the rapper had properly licensed the beat: “This admission alone dooms White’s claim against UMG,” Torres wrote.
According to Tuesday’s decision, G-Baby paid $250 to producer Pi’erre Bourne (Jordan Timothy Jenks) in 2017 for a non-exclusive license to an instrumental track, which he later used as the basis for “Oi!” The next year, Carti (Jordan Terrell Carter) used the same beat in “Right Now,” a track on the album Die Lit, which reached Number 3 on the Billboard 200.
Shortly after Carti’s song was released, a UMG “content protection specialist” flagged two posts on Twitter in which G-Baby had shared his song. Eventually, the Recording Industry Association of America filed a DMCA takedown, which succeeded in getting the track pulled down from Twitter.
In his lawsuit, G-Baby claimed that UMG had intentionally sought out his song because of animosity from Carti, who he claimed was unhappy that the same beat had been used by someone else.
“Carter and Jenks knew that ‘Oi!’ was properly licensed and not infringing, yet decided to conspire with Universal,” the rapper wrote in his complaint. “Carter, Jenks, and Universal sought the take-down of White’s song with the specific intent of harming White.”
But in Tuesday’s ruling, Judge Torres ruled that even if Carti and Jenks knew that G-Baby’s song was properly licensed, there is no evidence that this information was ever communicated to the UMG staffer who flagged the song for removal.
“White cites no caselaw for the proposition that one employee’s knowledge that a use may be non-infringing should be imputed to another employee who independently issues a takedown notice on behalf of the company,” the judge wrote.
As for Carti himself, Judge Torres ruled that there was no evidence that the rapper had any involvement in or knowledge of the takedown process – meaning he, too, could not have violated the DMCA’s rules.
“Although Carter may well have been aware of (and displeased with) White’s license to use the beat, White has failed to establish that Carter had any part in the takedown notices,” the judge wrote.
Attorneys for both sides did not immediately return requests for comment.
