Birdman Is Suing Jay Z and Tidal Over Lil Wayne For $50 Mil

Jaylen Tatum

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OnlyInCalifornia

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Birdman taking an L on this one.

T fact they won't release his album, Birdman is implicated in multiple incidents now with Lil Wayne in a negative light, that it is going to look like hes being a hindrance to Wayne/Wayne's career so he had no choice but to go another route seems like the logical argument.

I hope Wendy Day makes a comment on this somewhere.
 

No1

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FWA is on every streaming site now. It was exclusively on Tidal for two weeks. Birdman's case about to get thrown in the bushes unless he about to sue Apple and Spotify too. His money is not long enough for that.
 

NkrumahWasRight Is Wrong

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:patrice:let me investigate...

2012-
A few weeks back, Weezy announced on MTV’s “Hip Hop POV” that he re-signed with Cash Money for a four-album deal, and since then, rumors have begun to surface that Birdman put up $150 million to retain Wayne’s recording rights...On “POV,” Wayne said, “Everybody knows I came into the game at 11 years old with Cash Money Records, before we even had a major deal. We signed a deal in I don’t remember when, and I been with Cash Money ever since....Birdman wouldn’t confirm the exact figures in the deal, but he made it clear that when it comes to Wayne, who he considers a son, the sky is the limit. “The type of situation we did never been done in urban music; it’s probably the biggest deal ever in urban music,” he said. “I’m blessed to even do that — whatever my son want, he can get. It’s all his anyway, so it don’t really matter to me.”...Tunechi’s next album will be I Am Not a Human Being II, and the new deal ensures that it won’t be his last. Baby is no doubt proud to continue doing business with Birdman Jr., but let him tell it, and it’s more than business: “This is for life :birdman:,” he said.

1. Wayne couldve gotten out of his previous deal probably since he was a minor and probably signed while being under the influence or duress which negates mutual contractual consent. Depends on those details and obviously wayne cant remember them:ld:
2. Need to see details on the 150m for recording rights.
3. Birdman said "its all [wayne's]" but idk wtf that means if birdman owns recording rights
4. 4 album deal..could be argued was fulfilled with I am not a human being II, the two compilation albums and at least one of the 2 mixtapes. but it appears as though only IANAHB2(lol) and the 2 compilation albums were released under CMR/Young Money. Dedication 5 and Sorry 4 the Wait 2 were just under Young Money, as was Dedication 4. That would seem to mean that FWA should have been the 4th album in that deal.

Sources say that Cash Money was set to give Wayne $8 million as an advance to record the album in 2013, and another $2 million when he completed recording. Thus far, he’s received nothing. The ‘Believe Me’ rhymer wants to be rid of the label and to walk away with a ton of money.

Before news spread of this $51 million lawsuit there was talk that Weezy was planning to sue Baby for $8 million since an amicable agreement could not be reached.

Further, Wayne wants to be declared the joint copyright owner of all Young Money recordings, which includes Drake, Nicki Minaj and others.

1. Wayne should be owed 10m based on that..unless there was fine-print on what it means to "complete recording" in the deal..ie recording is only completed if Baby says it was and not that Wayne feels like it was a finished product. If Baby had power to tell Wayne that the album isnt finished and to switch tracks or record more than Wayne loses.
2. Wayne filing paperwork in his suit while saying he wants to be rid of the label and walk away..but hasn't yet been able to via court..then it seems to suggest that there wasn't an out-clause for Wayne based on creative differences.
3. Wayne wanting to be declared joint-copyright owner of all YM recordings further suggests that Birdman's rumored 150m gave him full, or at least majority copyright ownership of YM recordings.

Full Original Lawsuit-


These are notes from an attorney regarding the Jan. Lawsuit-
This is not a copyright infringement action. The claims are under New York State law, not the United States Copyright Act. The action is in federal court, instead of state court, based on diversity jurisdiction, which means that the parties reside in different states.

The failure to credit Lil Wayne with co-ownership of the sound recording could have implications on his bottom line. For instance, rights collection agencies like SoundExchange designate 50% of streaming royalties for Rights Holders. This means that, if only the record label and not Lil Wayne is designated a Rights Holder, Lil Wayne is missing out on his share - 25% of the royalties collected for his recordings. Wayne would also have difficulty suing for copyright infringement of his own recordings if the Copyright Office does not recognize him as the owner. Keep in mind that these are the copyrights to the sound recordings, and not the compositions. Although it is common practice for recording artists to assign copyright in sound recordings to their record labels, they typically do not assign the copyrights in the compositions (or grant rights to publishers).

The X marked by Wayne in the suit was not for Copyrights, Patents or Trademarks (intellectual property)..but instead under 190) Other Contract*..also by an individual (wayne) vs a business (CMR), not Birdman himself. Also YM is an LLC registered in Delaware while CMR is incorporated in NY..

Effective August 1, 2013, the Delaware Limited Liability Company Act provides that the managers and controlling members of a limited liability company owe fiduciary duties of care and loyalty to the limited liability company and its members. Under the amendment (prompted by the Delaware Supreme Court's decision in Gatz Properties, LLC v. Auriga Capital Corp, November 2012), parties to an LLC remain free to expand, restrict, or eliminate fiduciary duties in their LLC agreements (subject to the implied covenant of good faith and fair dealing)
.

This gives artists under YM the ability to leave YM but not CMR unless they are only signed to YM. Thats why Wayne was saying Baby was "incompetent" and that they could lose Minaj/Drake etc. Even if Wayne wanted to disband YM and leave as an artist..his contract with CMR doesnt seem to be exclusively through YM but through himself as an individual so him terminating YM wouldnt give him an out from CMR. Wayne woulda had a better chance if he filed YM as a sole-proprietorship.

A potential disadvantage specific to the United States is that LLCs are not considered to be corporations for the purposes of federal civil procedure; they are instead treated as partnerships. This affects the applicability of diversity jurisdiction in cases involving LLCs, barring application of diversity jurisdiction when even one member of the LLC is a citizen of the same state as one of the opposing parties. Should one member of an LLC be a citizen of a state of which one of the opposing parties is a citizen, any case between the LLC and those parties must be heard in that state's courts; corporations enjoy a more complete legal personhood that only denies diversity jurisdiction when the opposing party is a citizen of the state in which the corporation is incorporated (most commonly Delaware for large corporations, which has a small population) or has its principal place of business.

Waynes' suit was moved to Louisiana from NY. And this is why:
Congress never defined exactly what is a "principal place of business." The question of what that phrase meant became hotly disputed during the late 20th century as many areas of the American economy came under the control of large national corporations. Although these corporations usually had a headquarters in one state, the majority of their employees, assets, and revenue were often physically located at retail sites in the states with the largest populations, and hence a circuit split developed in which some judges held that the latter states could also be treated as the corporation's principal place of business. The rationale was that those states were where the business was actually occurring or being transacted.

So, since wayne is a LA citizen..and both YM/CMRs' principal place of business is in LA..the suit is now in LA..which was beautiful by CMB's attorneys because LA is the only state with civil laws not primarily based on precedent but on Roman/Spanish and Napoleonic Codes :banderas: This gives an even more ambiguous nature to rulings since it is more based strictly on judicial interpretation of the contracts rather than any cases of precedent across the state or the nation (which is probably why all CMR artists get fukked, and also No Limit :banderas:)

From Birdman's suit:
Cash Money alleges Aspiro et al. of tortious interference with contract, unfair competition, and conversion, and seeks damages of at least $50 million and injunction of the streaming of FWA on Tidal...Tidal claims Wayne was a co-owner of the tracks and was able to consent distribution of “Glory,” an exclusive track that debuted in June, and FWA in exchange for a piece of ownership in the streaming service..

So, CMR could argue that Tidal itself put a valuation of FWA/Glory at the %ownership granted to Wayne as well as direct revenue attributed to FWA streaming. So if Birdman, got copyrights for 150m and the 4 albums weren't fulfilled (they weren't)..then Wayne shouldnt win but Tidal is definitely fukked since Wayne's suit is still pending (was dropped and re-filed in LA because his lawyer knew CMR would have their request to move to LA granted and wanted to save the trouble)..and Tidal additionally needs to somehow show how much money was made off FWA which is going to be hard to do.

My verdict: Baby wins. Wayne might get 10m but not 51m. Tidal loses.

edit: i took the time to manually compose and write this other than the portions in quotes. smh @ boredom
 
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Just like bruddas

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2012-

1. Wayne couldve gotten out of his previous deal probably since he was a minor and probably signed while being under the influence or duress which negates mutual contractual consent. Depends on those details and obviously wayne cant remember them:ld:
2. Need to see details on the 150m for recording rights.
3. Birdman said "its all [wayne's]" but idk wtf that means if birdman owns recording rights
4. 4 album deal..could be argued was fulfilled with I am not a human being II, the two compilation albums and at least one of the 2 mixtapes. but it appears as though only IANAHB2(lol) and the 2 compilation albums were released under CMR/Young Money. Dedication 5 and Sorry 4 the Wait 2 were just under Young Money, as was Dedication 4. That would seem to mean that FWA should have been the 4th album in that deal.



1. Wayne should be owed 10m based on that..unless there was fine-print on what it means to "complete recording" in the deal..ie recording is only completed if Baby says it was and not that Wayne feels like it was a finished product. If Baby had power to tell Wayne that the album isnt finished and to switch tracks or record more than Wayne loses.
2. Wayne filing paperwork in his suit while saying he wants to be rid of the label and walk away..but hasn't yet been able to via court..then it seems to suggest that there wasn't an out-clause for Wayne based on creative differences.
3. Wayne wanting to be declared joint-copyright owner of all YM recordings further suggests that Birdman's rumored 150m gave him full, or at least majority copyright ownership of YM recordings.

Full Original Lawsuit-


These are notes from an attorney regarding the Jan. Lawsuit-

The X marked by Wayne in the suit was not for Copyrights, Patents or Trademarks (intellectual property)..but instead under 190) Other Contract*..also by an individual (wayne) vs a business (CMR), not Birdman himself. Also YM is an LLC registered in Delaware while CMR is incorporated in NY..

.

This gives artists under YM the ability to leave YM but not CMR unless they are only signed to YM. Thats why Wayne was saying Baby was "incompetent" and that they could lose Minaj/Drake etc. Even if Wayne wanted to disband YM and leave as an artist..his contract with CMR doesnt seem to be exclusively through YM but through himself as an individual so him terminating YM wouldnt give him an out from CMR. Wayne woulda had a better chance if he filed YM as a sole-proprietorship.



Waynes' suit was moved to Louisiana from NY. And this is why:

So, since wayne is a LA citizen..and both YM/CMRs' principal place of business is in LA..the suit is now in LA..which was beautiful by CMB's attorneys because LA is the only state with civil laws not primarily based on precedent but on Roman/Spanish and Napoleonic Codes :banderas: This gives an even more ambiguous nature to rulings since it is more based strictly on judicial interpretation of the contracts rather than any cases of precedent across the state or the nation (which is probably why all CMR artists get fukked, and also No Limit :banderas:)

From Birdman's suit:

So, CMR could argue that Tidal itself put a valuation of FWA/Glory at the %ownership granted to Wayne as well as direct revenue attributed to FWA streaming. So if Birdman, got copyrights for 150m and the 4 albums weren't fulfilled (they weren't)..then Wayne shouldnt win but Tidal is definitely fukked since Wayne's suit is still pending (was dropped and re-filed in LA because his lawyer knew CMR would have their request to move to LA granted and wanted to save the trouble)..and Tidal additionally needs to somehow show how much money was made off FWA which is going to be hard to do.

My verdict: Baby wins. Wayne might get 10m but not 51m. Tidal loses.

Breh and brehs LLC :wow: we got lawyers on deck
 
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