Travis Scott, SZA and Future say a gospel singer’s copyright lawsuit over their 2023 hit “Telekinesis” is fatally flawed because the demo at issue was co-written with Ye, who provided them with the track and green-lit its usage.
Victory Boyd sued back in January over “Telekinesis”, which was adapted from an unreleased song by Ye (formerly Kanye West) called “Ultrasounds.” Boyd says she wrote the lyrics to “Ultrasounds,” originally titled “Like the Way It Sounds,” and did not authorize her work to be reused by Scott, SZA and Future.
But lawyers for the group of hitmakers say in a Monday (July 14) motion to dismiss the lawsuit that the claims are meritless because they had express permission to use “Ultrasounds” from Ye, who created the demo’s chords, beat and melody.
“To the extent that plaintiffs’ [complaint] survives this motion (which it should not), the facts will demonstrate that defendants’ use, if any, of the LTWIS work was duly authorized by Mr. West, as a joint author of the LTWIS work, having the right and authority to authorize such use,” write Scott, SZA and Future’s attorneys from the firm McPherson LLP.
The defense attorneys say the claims should not even make it to the evidence phase, though, because basic issues with Boyd’s copyright registration make the case invalid.
According to Scott, SZA and Future, Boyd filed a registration with the U.S. Copyright Office in 2023 naming herself as the sole author of “Like the Way It Sounds.” This was false, they say, since Ye created the song’s melody.
Boyd attempted to fix this issue last month by filing another Copyright Office registration for only the song’s lyrics that she authored. But this is invalid, too, say the “Telekinesis” artists’ lawyers, because “as a matter of law, lyrics cannot be copyrighted as a standalone work when created in tandem with, or as part of, an inseparable musical composition.”
“Without a valid registration, plaintiffs cannot initiate or maintain a claim for infringement,” says the motion to dismiss.
Boyd’s attorney, Keith White, tells Billboard on Tuesday (July 15) that the motion is “an attempt to dismiss straight forward copyright and accounting claims as a delay tactic.”
“We will file opposition papers within the next two weeks, and we fully expect Travis Scott’s motion to be summarily denied in short order,” adds White.
Reps for Scott, SZA, Future and Ye did not immediately return requests for comment.
“Telekinesis” spent 11 weeks on the Billboard Hot 100 in 2023, peaking at No. 26.
