The judge does not think so as Justin Bieber and Usher seem to be headed towards some major relief in the $10 million copyright suit.
The suit was filed against the singer duo by Devin 'the Dude' Copeland who accused them of stealing his musical work to create their track 'Somebody to Love'.
The Virginia magistrate Judge Douglas Miller released a report on Monday recommending that Usher and Bieber be granted summary judgment over the claims of copyright infringement, reports The Hollywood Reporter. Devin Copeland, who has filed the lawsuit and succeeded in getting it revived in 2015 for a second hearing, does not seem to be getting more chances.
The judge has reviewed the various depositions and expert reports and based on the study, he concluded that Copeland could not demonstrate that the two music stars had access to his own work before they created the track. Also, Copeland has failed to show a striking similarity between his work and that of Bieber and Usher- reason enough for the lawsuit to be quashed.
Notably, Copeland had various theories about the two having accessed his song bearing the same title. He alleged that he had played the song at various showcases, thereby, letting it land in the hands of music executives who were in cahoots with the two music stars.
Coming back to the judge's observations, Miller noted that the title itself was generic as it has been recorded by more than 100 artists, including Jefferson Airplane and Queen, reports Fortune. Now, his recommendations will go to the U.S District Judge Arenda Wright Allen, who had entered the dismissal in March 2014 and will also get to decide if the case is to be dismissed again.
As for the plaintiffs, their lawyer Duncan Byers refused to speak on the dismissal recommendation and said that he would not comment until Allen gives the ruling. Lawyers of Bieber and Usher also refused to respond immediately after Miller's judgment.
It is worth mentioning here that 'Somebody to Love' was a hit and peaked at no. 15 on the Billboard Hot 100 in 2010.
