Belfast Telegraph

Thursday 18 September 2014

Usher wins Bad Girl copyright case

Usher has been cleared of copyright infringement

Usher has won a copyright lawsuit over the creation of the song Bad Girl.

And the victory could be good news for Led Zeppelin as the judge accused the lawyer involved in the Bad Girl lawsuit, who is also mounting a legal battle over the rockers' song Stairway To Heaven, of misconduct, The Hollywood Reporter revealed.

Dan Marino sued Usher and 19 other co-defendants who collaborated on the track when it was known as Club Girl.

Marino claimed he created the basic melody, chord progressions and tempo, yet was never credited. But the judge denied his copyright infringement claim because the song is a joint work and his fellow co-writers were entitled to license it.

The court reports revealed that Judge Paul Diamond ordered sanctions against Marino's lawyer Francis Malofiy and said he had behaved "in a flagrantly unprofessional and offensive manner".

Malofiy revealed earlier this month he is seeking to block the forthcoming re-release of Led Zeppelin IV with a claim of copyright infringement.

He alleges Led Zeppelin stole the famous introduction to 1971's Stairway To Heaven from a 1968 song by the Los Angeles band Spirit.

That lawsuit has yet to be filed.

The judge said Malofiy has used sexist and abusive language in court, and also tricked one of Usher's co-defendants into attending a deposition without a lawyer and without knowing that he was one of the people being sued.

Judge Diamond said: "Malofiy's discussions with (William) Guice are the paradigm of bad faith and intentional misconduct.

"Whether Malofiy should be removed from practice is a question properly answered in another forum."

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Your Horoscopes by Russell Grant

Virgo:

Read the fine print on a contract. If you're not happy with the proposed terms of a deal, renegotiate. Don't be afraid to drive a hard bargain. You may not realise it, but you have a great deal of power. People are willing to pay good money for someone with your intelligence and experience. If you undersell yourself, you will set a dangerous precedent. Someone will ask you to do something that goes against your conscience. Obey your principles, even if it means making an enemy.More