Miley Cyrus has copyright infringement lawsuit damages limited, but not dismissed

Miley Cyrus has officially been denied her request for the dismissal of a $300 million (£237.4 million) copyright infringement lawsuit filed over her 2013 hit We Can’t Stop.
Jamaican singer/songwriter Michael May, aka Flourgon, launched legal action against the pop superstar in May, 2018, claiming her single was heavily inspired by his 1988 track We Run Things, which he insists was a big hit in the Caribbean.
He took particular issue with one repeated line in Cyrus’ release, in which she sings, “We run things, things don’t run we,” arguing that it’s strikingly similar to his lyric, “We run things, things no run we.”
He sued Cyrus and her label bosses at Sony Music to block further distribution, sales, and performances of We Can’t Stop, and demanded compensation to the tune of $300 million.
The 26 year old denied any wrongdoing and insisted the turn of phrase isn’t unique enough to be protected by copyright laws, but in February (19), U.S. Magistrate Judge Robert Lehrburger recommended U.S. District Judge Lewis Kaplan, who was assigned to the case in federal court, deny Cyrus’ bid to have the suit tossed.
However, Judge Lehrburger did suggest placing a limit to the damages May could potentially be awarded, as he made his claim outside of the three-year statute of limitations.
On Friday (28Jun19), Judge Kaplan delivered his official ruling on the matter, following his colleague’s advice by allowing the case to continue, after determining the defendants’ argument for fair use of the lyric, and that the two tracks are “not substantially similar,” were “without merit,” reports Billboard.
Despite the setback, there was some good news for Cyrus and her team as Judge Kaplan declared he is only allowing May to seek damages and attorneys’ fees for the three years leading up to his formal complaint, and not before.

by WENN

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