ELLIOTT v. CARTAGENA

No. 22-255 August Term 2022.

84 F.4th 481 (2023)

Eric A. ELLIOTT, aka Fly Havana, Plaintiff-Appellant, v. Joseph Anthony CARTAGENA, aka Fat Joe, Karim Kharbouch, aka French Montana, Shandel Green, aka Infared, Reminisce Smith Mackie, aka Remy Ma, Edward F. Davadi, Jr., aka Edsclusive, Joey and Ryan Music, Excuse My French Music, Excuse My French Music II, Mr. Green Music, Remynisce Music, Universal Music-Z Tunes LLC, dba Universal Music Z Songs, Warner-Tamerlane Publishing Corp., Warner/Chappell Music, Inc., Songs of Universal Inc., Roc Nation LLC, Roc Nation Management LLC, Sneaker Addict Touring LLC, Terror Squad Productions, Inc., Terror Squad Entertainment, RNG (Rap's New Generation), Empire Distribution, Inc., BMG Rights Management (US) LLC, dba BMG Platinum Songs US, Defendants-Appellees, Kobalt Songs Music Publishing, Kobalt Music Publishing America, Inc., Reach Global Inc., Sony/ATV Allegro, First N Platinum Publishing, Sony/ATV Tunes LLC, Cuts of Reach Music, Songs of Reach Global, First N Gold Publishing, Inc., Reach Music Publishing Inc., Sony/ATV Music Publishing, Inc., Marcello Valenzano, aka Cool, Andre Lyon, aka Dre, Dade Co. Project Music, Inc., Po Folks Music, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2023.


Attorney(s) appearing for the Case

Alfred J. (AJ) Fluehr , Francis Alexander, LLC, Media, PA, for Plaintiff-Appellant.

Eleanor M. Lackman , Mitchell Silberberg & Knupp LLP, New York, NY, for Defendants-Appellees.

Before: Nardini and Merriam, Circuit Judges.


Plaintiff-appellant Eric A. Elliott alleges that he co-created the song "All the Way Up" (the "Song") with defendant-appellee Shandel Green, but that he has not been properly credited or compensated for his contribution. He filed this action in the United States District...

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