It is a common story. A struggling songwriter files suit accusing a pop megastar of stealing her song. Rarely do the underdogs emerge victorious in such suits. Sharice Davis might be the exception. In 2003 she sued Mary J. Blige, alleging the famous hip-hop artist infringed two songs she co-wrote with songwriter Bruce Chambliss. Davis recently won a big victory in the 2nd Circuit when the court allowed her infringement suit to proceed. But few are cheering for her. According to many experts the ruling in Davis v. Blige may make life far more difficult for a lot of copyright owners–as well as those who want to license their works.
In a precedent-setting decision, the 2nd Circuit restricted the ability of a co-author to license or assign his or her rights to a work without the consent of the work’s other co-authors. The full scope of these restrictions, however, is far from clear.
