(Reuters) – The 2nd U.S. Circuit Court of Appeals affirmed a ruling for author Edwyna Brooks on Wednesday on her claims that rap entrepreneur Damon Dash infringed her copyright in a film based on her book series “Mafietta”.
Dash’s role as the film’s director didn’t entitle him to a share of its copyright, a three-judge 2nd Circuit panel wrote in an unsigned opinion upholding a Manhattan federal court’s $300,000 award to Brooks for Dash’s unauthorized sales of the film.
Dash’s attorney Natraj Bhushan of Turturro Law declined to comment. Brooks’ attorney Chris Brown of Brown & Rosen didn’t immediately respond to a request for comment. Brooks and Dash themselves couldn’t immediately be reached.
Brooks and Dash collaborated on a film version of “Mafietta” – her book series about an aspiring female crime boss – in 2015 and 2016, with Dash directing and Brooks screenwriting. After the collaboration broke down, Dash marketed and sold the film on iTunes and his website without Brooks’ permission. Brooks sued Dash in Manhattan federal court in 2019 for copyright infringement.
U.S. District Judge Jed Rakoff ruled for Brooks in 2020 after a bench trial, awarding her $300,000 in copyright damages and permanently blocking Dash from distributing or promoting the film.
Rakoff rejected Dash’s argument that he co-owned the film’s copyright. Dash reiterated the argument on appeal, saying in a brief that he was the film’s “dominant author” and that the parties intended it to be a joint work.
But the evidence – including Brooks’ credible testimony, drafts of the parties’ work agreement, and an email Brooks sent to Dash after filming that stated she was “not offering creative control” – indicated that the parties didn’t intend for him to be a co-author, said the 2nd Circuit panel, which included Circuit Judges Pierre Leval, Jose Cabranes, and William Nardini.
Dash’s creative contributions to the film “do not evince mutual intent of co-authorship; rather, they reflect the provision of services for which Brooks offered to split the film’s profits,” the panel said.
Brooks was also the film’s “dominant author”, the appeals court said, noting that “Mafietta” was an adaptation of her books and that she wrote and revised the script herself.
A Manhattan court also recently blocked Dash from selling his alleged copyright interest in Jay-Z’s debut album “Reasonable Doubt” as an NFT, in a separate case.
The case is Brooks v. Dash, 2nd U.S. Circuit Court of Appeals, No. 20-1488.
For Brooks: Chris Brown of Brown & Rosen
For Dash: Natraj Bhushan of Turturro Law