Cardi B finds herself at the center of a new legal battle as Texas-based musicians Joshua Fraustro and Miguel Aguilar of the group Kemika1956 have filed a lawsuit accusing her of copyright infringement over her hit “Hit Enough (Miami).” The suit, filed on July 3 in Texas, claims that Cardi B’s recent track unlawfully copies elements from “Greasy Frybread,” a song written and produced by Fraustro and Aguilar.
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The Copyright Lawsuit: Allegations and Key Details
According to the lawsuit, Joshua Fraustro and Miguel Aguilar composed and released “Greasy Frybread” on November 9, 2021, under Tattoo Muzik Group Studios. The track reportedly gained significant traction among music fans worldwide and was even featured in a promotional spot for FX’s hit series “Reservation Dogs,” further boosting its visibility and popularity.
In contrast, Cardi B’s track “Hit Enough (Miami)” was released in March 2023, over two years after “Greasy Frybread” debuted. The song quickly became a massive hit, amassing over 46.2 million streams on Spotify alone and securing a spot at number 9 on the US Hot 100 chart. Fraustro and Aguilar assert that Cardi B and her team, including producers OG Parker and DJ SwanQo, unlawfully “copied” the song. Their lawsuit specifies: “Defendants have infringed Plaintiffs’ copyright in ‘Greasy Frybread’ by reproducing, distributing, and publicly performing the infringing work.”
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Involving Major Labels: Atlantic Records and Warner Music Group
The lawsuit does not just name Cardi B and her producers but also lists Atlantic Records and its parent company Warner Music Group as defendants. The plaintiffs argue that Atlantic Records and Warner Music Group indirectly contributed to the alleged copyright infringement. According to the complaint, the labels had “the right and ability to supervise the infringing conduct and also had a direct financial interest in such activities.”
Fraustro and Aguilar claim that the defendants’ actions have “caused consumer confusion or have otherwise tarnished Plaintiffs’ goodwill, creating unfair competition.” They allege that Atlantic and Warner, in particular, bear responsibility for profiting from this unauthorized usage and allowing the song to be widely distributed without respecting the original work.
In response, the plaintiffs are requesting the court to impose strong preventative measures, including a temporary restraining order to “immediately cease ongoing infringement” of “Greasy Frybread.” They hope that this order will halt the release, distribution, and promotion of “Hit Enough (Miami)” until the court reaches a final decision on the copyright claims.
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Seeking Compensation and Removal of the Infringing Work
Beyond the temporary restraining order, the plaintiffs are seeking significant statutory damages for what they allege was a willful infringement on the part of Cardi B and her team. They have requested an order for Cardi B and the involved parties to “recall and destroy all infringing copies” of “Hit Enough (Miami)” in circulation. Additionally, Fraustro and Aguilar are demanding that the defendants cover all legal fees and costs associated with the case.
The lawsuit also seeks a declaratory judgment to establish Fraustro and Aguilar’s rightful copyright ownership of “Greasy Frybread.” This legal recognition would not only protect the song but would also serve as a precedent, discouraging future unauthorized use of the track.
Fans and Industry Reactions to the Lawsuit
The lawsuit has drawn immediate attention from fans and music industry professionals alike. Many are eagerly awaiting an official response from Cardi B, Atlantic Records, and Warner Music Group regarding the allegations. Cardi B’s fans, known for their fierce loyalty, are particularly concerned about the potential impact on her reputation should the lawsuit proceed in the plaintiffs’ favor.
The case also brings to light ongoing concerns about copyright protections within the music industry, where original works are increasingly vulnerable to unauthorized use. In the digital age, where music can be accessed and distributed instantly, the case highlights the growing need for robust copyright enforcement and the importance of respecting artists’ intellectual property.
Legal Implications and the Future of the Case
Given the severity of the allegations and the substantial damages sought, this case may take a considerable amount of time to resolve. Temporary measures like the restraining order on “Hit Enough (Miami)” may be granted by the court, but the ultimate decision regarding copyright ownership and financial compensation will likely depend on detailed legal arguments and evidence.
Attorneys from both sides may attempt to negotiate an out-of-court settlement, but due to the significant nature of the claims, the lawsuit could proceed to trial. Should the case go to court, it could set a precedent for future copyright cases, especially those involving alleged similarities between popular tracks.
This copyright dispute involving Cardi B and her hit “Hit Enough (Miami)” exemplifies the legal challenges and risks artists face in the music industry. With more musicians and producers becoming vigilant in protecting their creative works, cases like these may continue to emerge, urging the industry to take stricter copyright enforcement measures.
As of now, both the music community and the public are waiting for further developments in the case and for statements from the parties involved. The outcome of this lawsuit may set a significant example for how the music industry handles copyright disputes in the digital era, emphasizing the critical importance of intellectual property protection in a world where original content can be swiftly copied and disseminated.
This lawsuit not only affects Cardi B and the other defendants but also reinforces the broader conversation about creative ownership and copyright in music. For now, all eyes are on the court as it determines the future of “Hit Enough (Miami)” and the rights of the artists behind “Greasy Frybread.”