Peters v. West
United States Court of Appeals for the Seventh Circuit
692 F.3d 629 (2012)
- Written by Jenny Perry, JD
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.)
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