DJ Marshmello defeats copyright claims over hit 'Happier'
4/9/21 REUTERS LEGAL 18:11:51
Copyright (c) 2021 Thomson Reuters
Blake Brittain
REUTERS LEGAL
April 9, 2021
DJ Marshmello performs during the iHeartRadio Music Festival at T-Mobile Arena in Las Vegas, Nevada, U.S., September 21, 2019. REUTERS/Steve Marcus
Reuters - Christopher Comstock, better known as the electronic dance music DJ Marshmello, escaped claims in Los Angeles federal court that he stole elements of another DJ's remix of a song by the band OneRepublic for his hit song "Happier."
Artem Stoliarov, whose DJ name is Arty, had signed away his rights to the work that Marshmello allegedly infringed in his agreement to remix OneRepublic's song and so did not have standing to sue, U.S. District Judge Philip Gutierrez said Thursday.
"We are obviously disappointed with this ruling, and respectfully disagree with it," Stoliarov's attorney Richard Busch of King & Ballow said. Busch said Stoliarov plans to appeal.
Marshmello's attorney Robert Jacobs of Manatt Phelps & Phillips said they were "thrilled" with the decision.
"The court's decision is well-supported not just by fundamental contract and copyright law principles, but also by longstanding industry practice recognizing that remixers do not acquire ownership interests in the remixes they prepare, unless they specifically negotiate for and obtain such interests from the rights holders," Jacobs said.
Stoliarov sued Marshmello and others in the U.S. District Court for the Central District of California in 2019 for allegedly ripping off a synthesizer melody from his remix of OneRepublic's "I Lived" in the Marshmello song "Happier," which reached No. 2 on the Billboard Hot 100 chart in 2018.
Among other things, Stoliarov said he and Marshmello often perform at the same music venues and festivals, that his remix is well known in the EDM community, and that Marshmello liked a tweet from a person who said "Happier" reminded him of the "I Lived" remix.
Stoliarov's remix agreement with OneRepublic's label Interscope Records disclaimed his interest in its recording and "underlying musical composition." Marshmello argued the underlying musical composition was the composition that underlied the remix, leaving Stoliarov with no standing to bring the case. Stoliarov argued the term referred to the original version of "I Lived."
Gutierrez analyzed other language within the remix agreement to find that Stoliarov and Interscope meant for the underlying musical composition to be the composition of the remix itself.
"Accordingly, from the terms of the contract it is clear that Plaintiff disclaimed 'any ownership or financial interest' in the Remix Composition," Gutierrez said, which "necessarily" included the elements at issue in the case.
Gutierrez also denied Stoliarov's request for part of the revenue Marshmello earned from performing "Happier" live in a separate Thursday order.
The case is Stoliarov v. Marshmello Creative LLC, U.S. District Court for the Central District of California, No. 2:19-cv-03934.
For Marshmello: Robert Jacobs of Manatt Phelps & Phillips
For Stoliarov: Richard Busch of King & Ballow
(NOTE: This story has been updated with comment from Marshmello's attorney.)
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