A gospel singer is moving forward with her lawsuit claiming Travis Scott, SZA and Future copied her work with Ye (formerly Kanye West) for the hit 2023 song “Telekinesis.”
Victory Boyd sued last year claiming she never gave permission for Scott to adapt the demo “Like the Way It Sounds” into “Telekinesis,” which featured SZA and Future and hit No. 26 on the Billboard Hot 100. The trio of hitmakers wanted the case thrown out, but a New York federal judge wrote on Monday (March 9) that they “have come nowhere near shouldering their burden” for dismissal.
“Like the Way It Sounds” is an unreleased Ye track recorded by the rapper in 2019, when he and Boyd were collaborating on his album Jesus Is King. Scott, SZA and Future say the evidence will show Ye gave them permission to use the demo for “Telekinesis.” They argued that the case should be dismissed before even getting there, though, because Boyd falsely labeled herself as the demo’s sole composer on copyright registration paperwork.
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According to lawyers for Scott, SZA and Future, Boyd wrote only the lyrics to “Like the Way It Sounds” while Ye contributed the chords, beat and melody. But Judge Mary Kay Vyskocil said Monday that it’s far too earlier to determine whether Ye is the demo’s co-author, an assertion disputed by Boyd’s lawyers.
“Indeed, it is difficult to see how the moving defendants could have shouldered that burden at this stage of the litigation,” wrote the judge, adding, “There exist almost no factual indicia in the record before the court with respect to the collaborative relationship between her and Ye — the very relationship that the moving defendants assert entitles them to dismissal of plaintiffs’ claims.”
Judge Vyskocil thus rejected the motion to dismiss Boyd’s lawsuit outright. The judge did however trim away one claim based on technical issues, and she also limited the kind of financial damages that are on the table because the gospel singer didn’t copyright “Like the Way It Sounds” until after “Telekinesis” had already been released in 2023.
In a Monday statement to Billboard, Boyd’s lawyer Keith White said, “We expected the court to deny the defendants’ motion, and we are excited to move to the next phase of litigation.”
“We hope that other creatives are encouraged to fight for their rights, even when fighting against giant companies and artists with undiscerning fanbases,” added White. “Victory Boyd is an incredibly talented songwriter who deserves to be respected, protected and celebrated – just like all the creators that pour their hearts into art.”
Ed McPherson, the attorney representing Scott, SZA and Future, said in his own statement, “Unfortunately, the portion of the court’s order that allowed certain proceedings to go forward at this stage only delayed the inevitable dismissal of the case.”
The case will now head into discovery, meaning the lawyers will exchange evidence and eventually conduct depositions. In addition to naming Scott, SZA and Future, Boyd’s lawsuit also brings claims against various label entities including Sony Music and Scott’s Cactus Jack Records. Ye himself is not involved in the litigation on either side.
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