Howard v. 3,6 Mafia

Background

Jermaine Jevon Howard proceeded without a lawyer and filed the action without paying the filing fee. He alleged that in 1994 he wrote a chorus in a home studio and also wrote a chorus for Paul Beauregard and his group. Howard alleged that he signed an agreement providing for royalties if the group used the chorus. He further alleged that documents and recordings were given to Kevin Liles of Def Jam Records, who told him the material would be registered with the U.S. Copyright Office. Howard claimed that songs released in 2005 and 2018 used his 1994 recording without paying him royalties.

In an earlier order, the court directed Howard to amend because he had not alleged facts showing that he owned the copyrights or had preregistered or registered them. The court also noted that Howard had not alleged facts showing that Rae Sremmurd and Ear Druma Records/Interscope Records transacted business in the Southern District of New York. The court reserved the question whether it would hear Howard’s state-law breach-of-contract claim if no valid federal claim remained.

Court’s analysis

The court reviewed the amended complaint under the statute requiring dismissal of a complaint filed without paying the filing fee if it is frivolous, fails to state a claim, or seeks relief that cannot legally be awarded. Although courts read complaints filed without lawyers generously, those complaints must still provide enough facts to make a claim plausible.

The court found that the amended complaint was essentially the same as the original complaint. Howard added details about an alleged studio assault and alleged that Liles told him that obtaining copyright-registration documents or recordings would endanger his life. But Howard also alleged that Liles registered the recordings with the Copyright Office. The court said this appeared to show that Howard did not own the copyrights and had not preregistered or registered them. The court therefore held that Howard failed to state a copyright-infringement claim.

Because no valid copyright claim remained, the court held that the venue question concerning Rae Sremmurd and Ear Druma Records/Interscope Records was moot. It also declined to exercise supplemental jurisdiction, meaning authority to hear related state-law claims, over Howard’s breach-of-contract and assault claims.

Disposition

Judge Louis L. Stanton dismissed Howard’s amended complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The court declined to grant another opportunity to amend because it concluded that the defects could not be cured by further amendment. The opinion directed the Clerk of Court to mail Howard a copy of the order and record service on the docket.