## Facts

- Leonard Jones and James E. White wrote and produced the rap song “Party Ain’t Crunk” and recorded it with an aspiring artist.
- White mailed a demo CD to multiple companies, including a Universal Music Group (UMG) entity associated with Mary J. Blige.
- A UMG executive allegedly received and opened the demo package, decided not to pursue it, and returned the contents to White.
- Mary J. Blige later released “Family Affair,” recorded over a musical track created by Andre Young (Dr. Dre), with lyrics written by Blige, her brother, and other writers.
- After hearing “Family Affair,” Jones and White sued Blige, Dr. Dre, other writers, and Universal-related entities for copyright infringement, relying on alleged similarities and a “corporate receipt” access theory.
- Defendants denied access and asserted “Family Affair” was independently created, including evidence that its creation predated plaintiffs’ completed work.

## Issues

1. Whether plaintiffs produced sufficient evidence that defendants had access to “Party Ain’t Crunk,” including by imputing access through “corporate receipt” within a large company.
2. Whether plaintiffs produced evidence of substantial similarity in protectable expression sufficient to support an inference of copying.
3. Whether defendants proved independent creation, including that “Family Affair” was created before plaintiffs’ song.
4. Whether the district court abused its discretion by denying prevailing defendants’ request for attorneys’ fees under the Copyright Act.

## Decision

- The Sixth Circuit affirmed summary judgment for all defendants.
- The court held plaintiffs failed to show access; mere receipt of a demo by an employee of a large corporation, without a concrete link to the alleged infringers, was insufficient.
- The court agreed that the works were not substantially similar in protectable expression; no reasonable jury could find the lyrics similar.
- The court held defendants established independent creation, including evidence that “Family Affair” was created before plaintiffs completed “Party Ain’t Crunk.”
- The court affirmed the denial of attorneys’ fees, finding no abuse of discretion.

## Legal Principles

- Absent direct evidence of copying, a plaintiff may infer copying by proving (1) defendant access to the plaintiff’s work and (2) substantial similarity of protectable expression.
- “Access” requires a reasonable opportunity to encounter the work; speculative or remote links within a large corporate structure do not suffice.
- “Corporate receipt” supports access only when the corporate contact meaningfully connects the plaintiff’s submission to the specific alleged copier; “bare corporate receipt” is inadequate.
- Similarities based on stock or common genre conventions are generally unprotectable; the inquiry focuses on original, protectable expression.
- Independent creation is a complete defense to infringement; proof that the defendant’s work was created separately and earlier defeats a copying claim.
- Attorneys’ fees under the Copyright Act are discretionary; denial is reviewed for abuse of discretion.

## Conclusion

The Sixth Circuit upheld summary judgment because plaintiffs could not show a reasonable opportunity for the alleged infringers to access the demo, the asserted similarities did not establish copying of protectable expression, and the record supported independent creation predating plaintiffs’ work; the court also left intact the district court’s discretionary denial of attorneys’ fees.


Jones v. Blige, 558 F.3d 485 (6th Cir. 2009)