420 F.Supp.3d 197
S.D.N.Y.2019Background
- Plaintiff Leander C. Pickett alleges Migos’ 2018 song “Walk It Talk It” copied his 2007 composition “Walk It Like I Talk It,” released on a 2008 mixtape.
- Quality Control is a Georgia LLC and Migos’ label; Capitol Records is distributor; producers include OG Parker and Deko. Plaintiff alleges nationwide distribution and performances in New York.
- Plaintiff obtained a Copyright Office certificate, but it identified a sound recording registration—not a musical composition. Plaintiff filed suit in October 2018.
- Quality Control moved to dismiss for lack of personal jurisdiction; all defendants moved to dismiss for failure to state a claim.
- The court held it has specific jurisdiction over Quality Control under N.Y. CPLR §302(a)(1) based on Quality Control’s role in arranging distribution and New York performances.
- The court dismissed the complaint on the merits: (1) Plaintiff had not registered the musical composition before filing suit (Fourth Estate), and (2) the only meaningful overlap—the phrase “walk it like I talk it”—is an unprotectable, common short phrase, so no substantial similarity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over Quality Control (N.Y. CPLR §302(a)(1) and due process) | Quality Control transacted business in NY by contracting with Capitol and arranging distribution and performances (including a multi-night NYC tour) that gave rise to the claim | Quality Control’s contract with Capitol alone does not show purposeful availment or specific connection to NY | Court: Jurisdiction exists—plaintiff made a prima facie showing that Quality Control arranged distribution/performances in NY and due process is satisfied |
| Copyright registration prerequisite (whether composition was registered before suit) | Pickett says he filed for both sound recording and composition and sought corrections; registration covers entire work, per Copyright Office communications | Registration certificate shows only a sound recording; plaintiff did not have composition registered when suit was filed | Court: Claim barred — plaintiff did not possess a composition registration before filing, so claim must be dismissed (Fourth Estate) |
| Substantial similarity / protectability of contested material | The chorus phrase appears in both songs and forms the hooks; plaintiff alleges defendants copied his work | The only overlap is the short phrase “walk it like I talk it,” which is common and appears in many prior works; short/common phrases are unprotectable | Court: No substantial similarity — the shared phrase is unprotectable and commonly used; dismissal warranted |
Key Cases Cited
- Daimler AG v. Bauman, 571 U.S. 117 (2014) (federal due‑process limits on personal jurisdiction and minimum contacts analysis)
- Fourth Estate Public Benefit Corp. v. Wall‑Street.com, LLC, 139 S. Ct. 881 (2019) (copyright plaintiff must receive the Copyright Office’s decision on registration before suing)
- Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) (copyright protects only original works with minimal creativity)
- Peter F. Gaito Architecture, LLC v. Simone Development Corp., 602 F.3d 57 (2d Cir. 2010) (standard for substantial similarity review at the motion‑to‑dismiss stage)
- Jorgensen v. Epic/Sony Records, 351 F.3d 46 (2d Cir. 2003) (unauthorized copying requires proof of actual copying and substantial similarity)
- Licci ex rel. Licci v. Lebanese Canadian Bank, SAL, 673 F.3d 50 (2d Cir. 2012) (limits of New York long‑arm statute relative to constitutional due process)
- Acuff‑Rose Music, Inc. v. Jostens, Inc., 155 F.3d 140 (2d Cir. 1998) (short/common phrases are not copyrightable)