(AllHipHop News) 50 Cent is not backing down from another legal skirmish with Miami rapper Rick Ross.
50 Cent took issue with Rick Ross using his 2003’s#### “In Da Club” as a remix on his 2015 mixtape “Renzel Remixes Project.”
The lawsuit was tossed out of court, but 50’s lawyers have refiled an appeal, asking a judge to reconsider the verdict.
In new legal documents, 50 Cent’s lawyers claim Rick Ross, born William Leonard Roberts II, unlawfully exploited Fif’s name and voice by including his hook on the remix.
“Under these circumstances, Mr. Roberts violated Mr. Jackson’s right of publicity, and Mr. Jackson was entitled to summary judgment…”
50’s lawyers say the rapper may not have a case for copyright infringement, but the fact that Rozay shouted out his Black Market album six times on his remix to “In Da Club” actually infringes on 50 Cent’s identity.
“Mr. Roberts explicit advertisement for Black Market clearly constitutes commercial speech, notwithstanding the fact that Mr. Roberts chose the vehicle of a song to deliver the repeated sales pitch ‘only on the Black Market…December 4th…the album is out…”
50s lawyers claim those words make the song an advertisement for Black Market.
“Mr. Jackson does not challenge the unauthorized use of his voice in a purely entertainment work,” 50’s lawyer Frederick A. Braunstein said. “He challenges the unauthorized use of his voice as part of an advertisement for a collateral product, Black Market, for which he has no connection to whatsoever.
50 Cent is asking the court to reverse the earlier decision, issue a summary judgment in favor of 50 Cent for liability, and to send the dispute back to State Court.