2 Live Crew Wins Jury Verdict to Take Back Catalog Rights From Label

After years of litigation, a jury says the hip hop group can use copyright's "termination right" to win back five albums from a label that bought them out of bankruptcy.

By Bill Donahue

Members of 2 Live Crew have won a jury verdict allowing the hip hop legends to regain legal control of much of their catalog from a small record label that owned their copyrights for decades.

After years of litigation, a Florida federal jury said Wednesday that Uncle Luke (Luther Campbell) and the heirs of Fresh Kid Ice (Christopher Wong Won) and Brother Marquis (Mark Ross) were entitled to invoke copyright law’s “termination right” – a provision that allows creators to take back their works decades after they sold them away to a company.

Attorneys for Lil Joe Records, which bought the band’s catalog out of bankruptcy in the 1990s, argued that termination didn’t apply to 2 Live Crew’s albums. Lawyers for Campbell and his late bandmates argued back that the right to terminate was “inalienable” and couldn’t be forfeited.

In Wednesday’s verdict, the jurors sided with 2 Live Crew, finding the band members had lawfully regained control of the five albums at issue in the case — including their provocative 1989 record As Nasty as They Wanna Be, which reached No. 29 on the Billboard 200 and was certified platinum.

In a statement to Billboard, 2 Live’s attorney Scott Alan Burroughs said he and his clients were “extremely pleased” with the outcome: “Our team has fought this battle for nearly four years and are thankful to have had the opportunity to present our case to the jury and see justice served. The verdict was a total and overwhelming victory for our clients and artists everywhere.”

Meanwhile, Richard Wolfe, lead counsel Lil Joe Records and label owner Joe Weinberger, vowed to appeal the verdict, saying it dealt with novel legal questions about the interplay between termination rights and federal bankruptcy law.

“Since this is a matter of first impression … which has never before been heard by any court, it may go to the Supreme Court,” Wolfe told Billboard. “The bankruptcy code is clear that all assets of a bankrupt party are part of the bankruptcy estate. All means all.”

The verdict was first reported by Law360 and confirmed by Billboard.

2 Live Crew, a pioneering hip hop group known for the backlash sparked by its sexually-explicit lyrics, is just the latest classic act to use the termination right, which typically kicks into action 35 years after a song was released.

Jay-Z has already invoked it to win back control of his debut album Reasonable Doubt, a fact revealed during a recent legal dispute over Damon Dash’s stake in Roc-A-Fella Records. Earlier this year, Cher won a legal battle with Sonny Bono’s widow over whether termination trumped a decades-old divorce settlement. And before that, groups of artists filed class actions against Universal Music Group and Sony Music Entertainment, seeking to win back control of their masters en masse.

2 Live’s dispute kicked off in November 2020, when Campbell and other members notified Lil Joe that they planned to invoke termination and take back control of their music. Lil Joe and Weinberger had purchased 2 Live Crew’s catalog when the group’s previous label, Luke Records Inc., went bankrupt in 1995. When the two sides could not come to terms, Lil Joe sued the members in federal court.

During the case, the label argued that the bankruptcy sale, which had been signed by a judge, made clear that the album rights were “free and clear of any and all liens” or other caveats. The company also argued the albums were created as “works for hire” – meaning Lil Joe had always been the legal owner of the copyrights, and there were no rights to 2 Live to take back in the first place.

But at the trial this month, 2 Live’s attorneys told a different story. As reported by Law360, Burroughs argued the group had “trusted” Weinberg but that he had “betrayed them and steered them into bankruptcy,” where he was able to purchase the rights to their music on the cheap. He called the story a “tale of deceit and dishonesty that wouldn’t be out of place in a Netflix movie.”

Lil Joe can appeal the outcome, first by asking the judge to overturn the verdict and then by taking the case to a federal appeals court. Such proceedings could take months or even years, depending on how higher courts rule.

Daily newsletters straight to your inbox