5th Circuit Backs Juvenile's Azz Up

Law.com reports that the U.S. 5th Circuit has upheld a jury's finding that Terius Gray (aka Juvenile)'s "Back That Azz Up" did not infringe on Jerome Temple (aka D.J. Jubilee)'s "Back That Azz Up." Juvenile's song was a hit, sold more than 4 million CDs and grossed more than $40 million in sales. However, D.J. Jubilee's song failed to elevate either his bank account or his profile. D.J. Jubilee continues to work as a special education teacher.

Juvenile believed that the songs were substantially different and used different hooks; D.J. Jubilee's hook was the phrase "back that ass up" while Juvenile's was a sample from the Jackson 5's song "I Want You Back." After a 2003 trial, a jury ruled in favor of defendant Juvenile, finding that D.J. Jubilee failed to prove that his version of "Back That Ass Up" was substantially similar to Jubilee's version of "Back That Azz Up."

As a matter of fact, Chief Judge Carolyn Dineen King says she listened to both rap songs before issuing her opinion. "I don't know that I had to," says King, who admits she's not very familiar with rap music. "I'm interested in Brahms, but I did listen to it."

The Court's Opinion is located here. [pdf]

Posted by TRS at January 26, 2005 02:52 PM