I think you're attempting to argue a lot of things in Birdman's favor while ignoring obvious facts. For one, this Wayne album is free for purchase and was available on other mixtape download sites immediately. You're going to have to argue that Tidal hosting Wayne's free album exclusively for two weeks was somehow a violation and then Birdman is not likely to get anything more than the value Tidal placed on the album and in ownership plus the amount ofn users who signed up to Tidal to listen..except they are all currently on...free trial. They are far from fukked. Proving the actual damages will be difficult. Last, Wayne would have dropped this regardless so Tidal did not cause COMB any loss that they would not have had anyway. And this album is currently on every streaming service. Tidal is not on the hook for much on its face.
Birdman Is Suing Jay Z and Tidal Over Lil Wayne For $50 Mil
- Thread starter Uncle_Ruckus
- Start date
The Devil's Advocate
Call me Dad
This is an open and shut case.
Is there a contract that states lil Wayne has the rights to release albums whenever he feels, to whoever he feels, with zero written or verbal approval from his record label?
That's all that needs to be determined. If you sell my car, without my knowledge, did you have permission? No? Give me my money
If Wayne was finished with his contract, got it of his contract, or had rights to release music with no permission........ He wouldn't be suing the label and crying about not being ABLE to leave
So in Wayne's words alone. He's being held hostage. Just like tyga. Until the label says "yes this album counts" it doesn't fukking count
Welcome to the music industry. Where you sign 5 album deals, get put on the shelf after number 2, and have no options but to release mixtapes until they LET you off. shyt your contract puts them in control of features and videos you can be in too. And don't let it be a 360 deal (Wayne's isn't).
These motherfukking contracts are 30 pages long and trust. They cover all their bases
Is there a contract that states lil Wayne has the rights to release albums whenever he feels, to whoever he feels, with zero written or verbal approval from his record label?
That's all that needs to be determined. If you sell my car, without my knowledge, did you have permission? No? Give me my money
If Wayne was finished with his contract, got it of his contract, or had rights to release music with no permission........ He wouldn't be suing the label and crying about not being ABLE to leave
So in Wayne's words alone. He's being held hostage. Just like tyga. Until the label says "yes this album counts" it doesn't fukking count
Welcome to the music industry. Where you sign 5 album deals, get put on the shelf after number 2, and have no options but to release mixtapes until they LET you off. shyt your contract puts them in control of features and videos you can be in too. And don't let it be a 360 deal (Wayne's isn't).
These motherfukking contracts are 30 pages long and trust. They cover all their bases
really 50 milli nikka really?you got baby money
keep it real with nikkas nikkas ain't got my lady money
why'd htis take to long
Wayne gon take off his dreads "IT WAS BG ALL ALONG, MY GOODNESS, BG IS FREE"
Not really. I have no dog in this at all. Just seems like Birdman's case has a bit better legal standing to me.
Blackrogue
Superstar
let me investigate...
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
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 CodesThis 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
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.
edit: i took the time to manually compose and write this other than the portions in quotes. smh @ boredom
You doing law? Or just had a lot of time to read law cause you needed to?
1. This is just a nuisance lawsuit. Won't go anywhere.
2. Birdman gonna fukk up his paper with all these legal fees. At some point it's really cheaper to pay people what you owe them.
3. Not sure he can win any monies related to Wayne if that indictment comes down for the attempted murder.
4. Birdman and Jay been beefing for close to 15 years and using proxies and subs to do it on some US vs Russia shyt.
5. Free Wayne.
2. Birdman gonna fukk up his paper with all these legal fees. At some point it's really cheaper to pay people what you owe them.
3. Not sure he can win any monies related to Wayne if that indictment comes down for the attempted murder.
4. Birdman and Jay been beefing for close to 15 years and using proxies and subs to do it on some US vs Russia shyt.
5. Free Wayne.
Just spent time at a Holiday Inn Express last night watching Law and Order.
In all seriousness, I have directly studied law, have worked with my father who has been an attorney for a long time...primarily criminal defense but also civil suits as attorney for both plaintiffs and defendants...formerly a prosecutor and was urged to be a judge but declined.. and I have sit in on and participated in many conversations between my father and uncle who is also an attorney that deals primarily in civil suits. I also fairly regularly watch Supreme Court review hearings and follow major cases. Most people want me to get into it and assume my father's practice (he's nearing retirement) but 
1. Doesnt seem like Birdman has any desire in settling and there have been far more petty lawsuits heard than this.
2. LA Civil Code:
Wayne and/or Birdman could recover fees based on rescission, potentially, since that is usually defined as an unmaking of a contract. Wayne probably has a better case due to recent transgressions (him throwing the cup at Wayne and other threats made).
Also, in Texas, for example, fees could be recovered when suits involve rendered services, performed labor and a contractual agreement. LA code is less clear.
@DonKnock
Could SLAPP/Anti-SLAPP get involved at all here? LA has one of the strongest SLAPP laws and Baby could argue that Wayne's case is without merit and now that he has used deceptive action in fulfillment of a contract vis a vis the compilation albums and also for economic advantages by Wayne releasing on Tidal? Wayne could possibly use it in a counter-suit dependent on judgement of his initial suit. Its generally for journalists, but has been applied elsewhere under defense of public speech in criticism of a business. It'd probably be a reach on both ends but there is a movement going to amend SLAPP laws so
It's an odd dispute because they could both theoretically argue contract breach, deceptive and unfair business transactions and comments made publicly.
pimpineasy
Superstar
2015 fukkery 
what have we done to deserve so much in so little time
not worthy
what have we done to deserve so much in so little time
not worthy
Just spent time at a Holiday Inn Express last night watching Law and Order.
1. Doesnt seem like Birdman has any desire in settling and there have been far more petty lawsuits heard than this.
2. LA Civil Code:
Wayne and/or Birdman could recover fees based on rescission, potentially, since that is usually defined as an unmaking of a contract. Wayne probably has a better case due to recent transgressions (him throwing the cup at Wayne and other threats made).
Also, in Texas, for example, fees could be recovered when suits involve rendered services, performed labor and a contractual agreement. LA code is less clear.
@DonKnock
Could SLAPP/Anti-SLAPP get involved at all here? LA has one of the strongest SLAPP laws and Baby could argue that Wayne's case is without merit and now that he has used deceptive action in fulfillment of a contract vis a vis the compilation albums and also for economic advantages by Wayne releasing on Tidal? Wayne could possibly use it in a counter-suit dependent on judgement of his initial suit. Its generally for journalists, but has been applied elsewhere under defense of public speech in criticism of a business. It'd probably be a reach on both ends but there is a movement going to amend SLAPP laws so
Very informative. I'm not a lawyer and I slept thru most of my law and society class.
However, isn't this just a question of which case moves through the system faster? The pending criminal case against Birdman and/or Wayne's lawsuit should make it impossible for Birdman to win anything.
The law generally doesn't reward people who use violence or threats of violence to intimidate others and judges don't work in a vacuum the same way juries do.
DonkeyPuncher718
If Your Knee Dont Bend It Can Be Broken
Just spent time at a Holiday Inn Express last night watching Law and Order.
1. Doesnt seem like Birdman has any desire in settling and there have been far more petty lawsuits heard than this.
2. LA Civil Code:
Wayne and/or Birdman could recover fees based on rescission, potentially, since that is usually defined as an unmaking of a contract. Wayne probably has a better case due to recent transgressions (him throwing the cup at Wayne and other threats made).
Also, in Texas, for example, fees could be recovered when suits involve rendered services, performed labor and a contractual agreement. LA code is less clear.
@DonKnock
Could SLAPP/Anti-SLAPP get involved at all here? LA has one of the strongest SLAPP laws and Baby could argue that Wayne's case is without merit and now that he has used deceptive action in fulfillment of a contract vis a vis the compilation albums and also for economic advantages by Wayne releasing on Tidal? Wayne could possibly use it in a counter-suit dependent on judgement of his initial suit. Its generally for journalists, but has been applied elsewhere under defense of public speech in criticism of a business. It'd probably be a reach on both ends but there is a movement going to amend SLAPP laws so
Pos Rep for breaking shyt down and not just talking out your ass
SleezyBigSlim
Banned
Thread title needs to be changed. Birdman is suing Tidal, not Jay-Z, it's not like Jay-Z personal assets are at stake here. Birdman won't get any of Jay-Z and Beyonce combined net worth of a billion dollars
I'm not talking about you having a dog, I'm talking about the fact that the things that I pointed out are glaring omissions in your analysis which leads to a favorable decision for Birdman. If you take that into account, then I doubt you would come to the same conclusion that you came to. I mean, how do you address what I just pointed out? This is aside from Tidal claiming that Wayne's contract was non-exclusive in the first place. I mean think about this, do you really think Apple, Tidal, Spotify, and Google ALL read that contract wrong? This is straight up a tactic to try to get Wayne to drop his suit from where I'm sitting.
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