Pryor Cashman has once again obtained the dismissal of a highly publicized copyright infringement claim.

In Vince Peters, p/k/a “Vince P.” v. Kanye West, et al., a music copyright case in the U.S. District Court for the Northern District of Illinois, Pryor Cashman represented world-renowned recording artist Kanye West and prominent music companies Roc-A-Fella Records, LLC and UMG Recordings, Inc. in a suit involving West’s critically acclaimed song Stronger.

Vince P. sued West, Roc-A-Fella and UMG, alleging that they had infringed his copyright by copying portions of Vince P.’s song Stronger, including the well known maxim “that which does not kill me makes me stronger.”  

Pryor Cashman moved to dismiss the case on the grounds that there were no protectable similarities between the two songs at issue. The Court agreed and granted Pryor Cashman’s motion to dismiss. In her March 3, 2011 decision, Judge Virginia M. Kendall specifically found that none of the allegedly similar words and phrases contained in the songs were protectable under copyright law.  

The Court also rejected Vince P.’s argument that the original combination of the five words and phrases was protectable. Finally, the Court reviewed the two sets of lyrics and determined that an “ordinary observer” could not find that the songs are substantially similar.

Kanye West, Roc-A-Fella and UMG were represented by partner Brad Rose, chair of Pryor Cashman’s Intellectual Property Group, Litigation partner Ilene Farkas and Litigation associate Eric Fishman.

To read the full decision, please click here.

To read articles about the victory from MTV News, Law 360, New York Post, All Hip Hop, and HipHop DX, please click here.