Peters v. West

692 F.3d 629 (2012)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Peters v. West

United States Court of Appeals for the Seventh Circuit
692 F.3d 629 (2012)

Facts

Vincent Peters (plaintiff), a hip-hop artist whose stage name was Vince P, wrote and recorded a song entitled “Stronger” (“Stronger”—VP). A key line in its chorus was drawn from Friedrich Nietzsche’s maxim, “what does not kill me, makes me stronger.” In November 2006, Vince P met with business manager John Monopoly. Vince P played “Stronger”—VP and some other songs for Monopoly and gave him a CD of his music, including “Stronger”—VP. Monopoly was friends with Kanye West (defendant). In July 2007, West released a single entitled “Stronger” (“Stronger”—KW) that became a Grammy-winning hit. “Stronger”—KW also contained a hook derived from Nietzsche’s aphorism, and both songs referenced British model Kate Moss. In “Stronger”—VP, the line was: “Trying to get a model chick like Kate Moss.” West’s line was: “You could be my black Kate Moss tonight.” Nietzsche’s maxim had previously been invoked in many songs, and it appeared in a Kelly Clarkson hit that was charting while Vince P’s lawsuit was pending. Monopoly was listed as a manager in the notes to the album on which “Stronger”—KW appeared. West’s representatives rebuffed Vince P’s efforts to contact West, so Vince P registered a copyright in “Stronger”—VP and sued West for infringement. The district court dismissed the complaint for failure to state a claim, and Vince P appealed.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership