Millions of dollars in publishing royalties for the Billboard Hot 100 No. 1 song “Cheerleader (Felix Jaehn Remix)” by global star Omi have been frozen since November 2020, according to court documents written in French obtained by World Music Views®.
Plaintiffs, French musicians Adlane and Badr Defouad, filed a case against Sony Music Entertainment France (S.A.S.U.), Ultra Records LLC, Coco Plum Music Publishing among others. The lawsuit alleges that elements from their song titled “Chajra” (feat. Sankofa Unit Choir) were incorporated into the RIAA certified 3x Platinum song ‘Cheerleader (Felix Jaehn Remix),’ which boasts over 1.2 billion views on YouTube.
Ryan Dillon, cowriter of the song and a member of Omi’s management team confirmed to World Music Views® that a copyright infringement lawsuit was initiated in Paris, France, in 2020.
Composers Adlane and Badr, took formal action on June 23, 2020 by sending a notice to the entities, including SONY, that the recording of ‘Cheerleader (Felix Jaehn)’ likely encroached upon their work, ‘Chajra.’ Initially seeking an undisclosed amount of compensation, they gave SONY eight-days to respond period. In their claim, they asserted that SONY functioned as the recording’s licensee, while ULTRA MUSIC, partly owned at the time by Patrick Moxey, assumed the role of the producer.
The original recording of ‘Cheerleader‘ was released on January 9, 2012, via Oufah Records with production from Sly and Robbie and saxophonist Dean Fraser. In 2013, Ultra Music president Patrick Moxey noticed the song and signed Omi under the management of Ryan’s father, Clifton ‘Specialist’ Dillion. DJ Ricky Blaze of Brooklyn New York and Felix Jaehn were enlisted to create remixes, but Jaehn’s version was released on May 11, 2014, transforming the track into a danceable deep house hit.
‘Cheerleader (Felix Jaehn Remix)’ produced by Omi and Specialist is the only solo song by a Jamaican to surpass 1 billion streams on Spotify. The song peaked at No. 1 in 24 countries including the U.K., several European territories and Canada. The song spent six non-consecutive weeks at No. 1 on the Billboard Hot 100 turning Omi into an overnight superstar catching the eyes of pop stars like Taylor Swift.
The 16 page court document reveals that Felix, along with the Defouad brothers, performed at a Festival. Ryan, identified as a co-defendant in the case, clarified to WMV, stating, “We were never aware of those individuals (Adlane and Badr Defouad). We did not attend the festival. While Felix Jaehn was present, he had no rights to the record.”
Felix Jaehn received payment for both the remix of “Cheerleader” and an additional sum allegedly for file recovery by Sony, resulting in a comprehensive rights buyout. This occurred after Felix Jaehn claimed to have lost the original file for the track, as per a source close to the matter.
The brothers decided to take the case to court after SONY responded via email on July 6, 2020, to the lawsuit, and a registered letter on July 23, 2020, asserting that the complaint should be directed to ULTRA MUSIC. Subsequently, they filed an infringement claim on July 28, 2020, stating that their work was unlawfully used by the music entities; SONY, joined by rights society; Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM-The Society of Authors, Composers and Publishers of Music), and another against ULTRA RECORD and ULTRA MUSIC PUBLISHING EUROPE on November 12, 2020.
Despite SACEM’s non-constitution, it provided information on the work’s publishers. The legal proceedings against ULTRA RECORD and ULTRA MUSIC PUBLISHING EUROPE were then attached to the initial case on March 24 and 25, 2021.
“The case is done and over with, it was thrown out in Paris,” Ryan said. As for why it is taking so long to resolve Ryan asserted that the language barrier between the court and the defendants took some time. “We had French Attorneys in Paris that were doing the case and everything had to be translated, the country had to approve and that took a lot of time,” he explained.
The judge declared the “infringement action inadmissible due to this lack of questioning,” meaning the plaintiffs needed to find all the co-authors of “Cheerleader (Felix Jaehn Remix)” to have them questioned in a Paris court which they did not.
An appeal was filed, and arguments were presented in September 2022, but the court upheld the inadmissibility for the same reason.
Case Appeal:
The core of the appeal’s argument revolves around the timeline of when the appellants became aware of the disputed recording and whether the statute of limitations for their legal action has expired.
SONY’s Position:
Lawyers representing SONY contend that the brothers should have been aware of the contested recording’s existence as early as November 2014. They argue that the song achieved wide distribution on YouTube and Spotify. They pointed to the song peaking at the top of sales charts in France from February 7, 2015, and was declared the “Number 1 song of the year in 2015.” SONY also claims that the formal notice in June 2020 acknowledged their knowledge of the recording as early as November 2014 and argues further that, being professional performers, it is inconceivable that the Defouad brothers were unaware of the recording before September 23, 2019. “MM. [C] had or should have been aware of the disputed recording… that the recording was in the ‘top’ of sales in France from February 7, 2015, for 10 weeks… that it appeared in the best titles in the radio ranking as early as January 16, 2015…” They propose that the limitation period started no later than February 7, 2015.
ULTRA Companies’ Counterargument:
On the other side, the ULTRA companies’ lawyers assert that the brothers have not demonstrated awareness of the alleged copyright infringement within the five years preceding the summons. ULTRA argues that the starting point of the limitation period should be prior to March 28, 2015, considering the widespread exposure of the recording from its release on May 19, 2014. “The starting point of the limitation period is necessarily prior to March 28, 2015… it is the date of February 7, 2015, that should have been retained as the starting point of the limitation period…” the court records stated.
The Defouad brothers on October 27, 2021, also claim that while this court case exists, ULTRA continued to exploit the track in the film ‘L’île des monstres’ on NETFLIX. Additionally, they claim to have only become aware of the disputed title’s existence and similarities with their work on September 23, 2019, through a film producer.
Legal Basis:
The court relied on French law Article 2224 of the Civil Code, stating that personal or movable actions are prescribed within five years from the day the right holder knew or should have known the facts allowing them to exercise it. Furthermore, the court considers Ordinance No. 2020-306, which extends time limits during the health emergency period. “According to Article 2224 of the Civil Code, ‘personal or movable actions are prescribed by five years from the day on which the holder of a right knew or should have known the facts allowing him to exercise it’… the expiry of the five-year limitation period… was postponed to August 28, 2020, so that the action was not prescribed on the day of the summons, July 28, 2020.”
Ryan told WMV that now that the case is behind him, Omi and the other rights owners, the song’s publishing royalties should become unfrozen by February next year at which time all songwriters and publishers should be paid.
In a separate suit Sony Music is suing Patrick Moxey, the former owner of Ultra Records, for allegedly violating the terms of their deal. Moxey sold his remaining 50% share of Ultra Records to Sony Music in 2021, giving the latter full control. However, Sony claims that Moxey is unlawfully using the “Ultra” trademark in his music publishing business, despite having received a substantial payment and officially parting ways with Ultra Records. The complaint was filed in New York in November 2021.
“Omi the artist was signed to Ultra Music, but he is now out of the deal, he has honored his obligation and it’s done,” Dillon explained.
