Miley Cyrus is receiving some heat after Caribbean songwriter, Michael May, sued her over similarities in We Can’t Stop and his song, We Run Things.
According to The Blast, the court documents say, “In sum, analysis of the relevant factors strongly indicates that Defendants’ use of the Phrase is a fair use.
Factual questions remain, however, as to certain of the fair use factors, particularly the amount and substantiality of the portion used in relation to the needs of Defendants’ transformative use, and the effect on the market, if any, for May’s work.”
A decision made by the judge is Michael can only seek damages for three years prior to the complaint being filed.
The documents continue, “The current record suggests several ways in which Defendants may well prevail on the merits, from a determination that the Phrase was not original to May or that May made only trivial changes to a pre-existing strict Patois version of the Phrase to indisputable proof that Defendants did not copy from May’s song but instead adopted the Phrase from one of many other sources, to facts establishing fair use as a matter of law. Those determinations, however, must await summary judgement.”
The phrase in question, “We run things. Things no run we,” — this was used in Michael’s song, and in Miley’s she said, “We run things, things don’t run we.”
Michael is seeking $300,000,000 in damages — Miley denies all allegations.