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Liberty Mutual unit must defend rapper charged with plagiarism

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Fat Joe

A Liberty Mutual Insurance Group unit must defend a rapper charged with plagiarism in connection with his 2016 hit song, says a federal district court.

Plaintiff Joseph A. Cartagena, who is also known as Fat Joe, and his Miami-based company, Sneaker Addict Touring LLC, were sued for plagiarism in U.S. District Court in New York by Eric A. Elliott, who said Mr. Cartagena and others made changes to his unfinished song “All the Way Up,” which went on to become a double platinum hit, according to Monday’s ruling by the U.S. District Court in New York in Joseph A. Cartagena and Sneaker Addict Touring LLC  v. Homeland Insurance Co. of New York.

Mr. Elliott, who is also known as Fly Havana, contended that while Mr. Cartagena paid him $5,000 and promised future compensation, he never received any further compensation or credit for his contribution to the song.

Mr. Elliott then filed suit against Mr. Cartagena and his company in U.S. District Court in New York in a separate case, seeking a declaration he is either the sole or joint owner of the song.

Liberty Mutual unit Homeland, which had issued a $1 million claims-made music professional liability policy to Mr. Cartagena and his company, denied coverage, and Mr. Cartagena filed suit.

“Homeland asserts the Plaintiffs fail to state a claim for breach of insurance contract because the Policy does not afford coverage for the Elliott Lawsuit. Homeland is wrong,” said the ruling.

The Elliott complaint “fairly allege Piracy, plagiarism, and misappropriation of ideas or information,” which are covered under the policy, said the ruling.

Homeland also argues because Mr. Elliott was either an independent contractor or a joint venturer he falls under a policy exclusion. “The Policy defines ‘Independent Contractor’ as ‘an individual or business entity providing goods or services to the Insured pursuant to an express or implied contract or agreement and relating to the Insured’s Work,’” said the ruling.

But, “No allegation in the Elliott Complaint suggests that Elliott provided his contributions to the unfinished version of the song pursuant to an any agreement with Cartagena,” said the ruling, which held the insurer’s argument he was a joint venturer “also fails.”

Attorneys in the case had no comment or could not be reached.

Jay-Z and Iconix Brand Group Inc. have settled a series of legal disputes arising from transactions between the rapper and the clothing licensing company dating back to 2007.

 

 

 

 

 

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