Rolling Stones' Copyright Holder Sues Derivative Rapper
Recent Cases
Dwayne Carter, known as "L'il Wayne" to the two or three fans he has, illegally used the Rolling Stones' hit, "Play With Fire," in a "vile ... sexist and offensive" knockoff called "Playing With Fire," ABKCO Music claims in Federal Court.
ABKCO, founded by music mogul Allen Klein, says it owns most of the Mick Jagger-Keith Richards catalogue. The offending ditty is found on "Tha Carter III" album.
ABKCO cites the opening lyrics of the Stones' song: "Well, you've got your diamonds and you've got your pretty clothes / And the chauffeur drives your car / You let everybody know / But don't play with me, cause you're playing with fire" and L'il Wayne's knockoff: "So you've got so many diamonds / You wear all the finest clothes / And your grill is shining / As you're driving down the streets of gold / But you can't blame me if I set this stage on fire."
ABKCO says it hired "noted musicologist" Anthony Ricigliano, who reported that "the similarity [in the music] is apparent to even a layperson's ear." Ricigliano wrote, in a letter attached to the lawsuit, "(M)ost assuredly, the composition Playing With Fire infringes the copyright of Play With Fire."
ABKCO demands disgorgement, an accounting, punitive damages, destruction of the masters and copies, and an injunction. It is represented by Michael Kramer.
Here are the defendants: Dwayne Michael Carter, Jr. pka Lil Wayne, Nicholas Mark Warwar pka StreetRunner, Jason Desrouleux, Cash Money Records, Universal Motown Republic Group, Universal Music Group Recordings, Young Money Publishing, Warner-Tamerlane Publishing Corp., Warner/Chappell Music, and EMI Music Publishing.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.