Pay up: Lil Nas X Faces Copyright Law Suits

Pay up: Lil Nas X is being sued for copyright infringement over his song “Carry On,” which he made no effort to license any samples used in the song. A Culver City publisher is asking the court to award more than $25 million in damages as relief to the lawsuit. Lil Nas X is most known for his recent hit “Old Town Road,” which is also not an original by Lil Nas X. “Old Town Road” was sampled from the Nine Inch Nails song “34 Ghosts IV.” The Music Force has filed the suit against Lil Nas X; however, a court date has not yet been set.

INDIO, CALIFORNIA – APRIL 28: Lil Nas X and Billy Ray Cyrus perform onstage during the 2019 Stagecoach Festival at Empire Polo Field on April 28, 2019 in Indio, California. (Photo by Frazer Harrison/Getty Images for Stagecoach)

The elements of a copyright infringement claim are ownership of the copyright and actual copying by the defendant. Copying is usually proven circumstantially through evidence of access and substantial similarity. To me, just because the song was on the Internet does not necessarily prove Nas X had access to the song and actually heard it; however, this is a feasible argument. The judge will be able to see the note structure of each song and compare them. Additionally, both sides will present expert witnesses to try and show how the songs are and are not similar. Stay tuned to find out when the court date will be and to find out the outcome of the lawsuit.

Below are links to both songs, which I think are substantially similar. The underlying beat of both songs sound almost identical, except for Bobby Caldwell’s version being slower.


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