11th Circuit says 2 Live Crew cannot reclaim music catalog

ATLANTA (CN) — The 11th Circuit ruled Tuesday that the iconic Miami rap group 2 Live Crew cannot reclaim the rights to part of its music catalog in a rare decision in which copyright law and bankruptcy overlap.

The ruling by a three-judge panel overturns a 2024 jury verdict that allowed the surviving members and their heirs to recover the rights to five of their albums.

The hip-hop group, known for such hits as “Me So Horny” and “Hoochie Mama,” sold the rights to its first five albums during 1995 bankruptcy proceedings to Lil’ Joe Records. The owner of that company, Joseph Weinberger, previously had a role as lawyer and chief financial officer of the group’s record label, Luke Records.

But in 2020, the remaining members of the group — Luther Campbell, Mark Ross and survivors of the late Christopher Wong Won — sought to terminate their assignment of rights to Lil’ Joe Records under a provision of federal copyright law that allows a return of works under certain conditions after 35 years. Another original member of the group, David Hobbs, did not pursue termination rights.

Lil’ Joe Records and Weinberger pushed back with a lawsuit in U.S. District Court for the Southern District of Florida, arguing the transfer of assets after the rap group’s bankruptcy proceedings included the artists’ rights under copyright law. A jury disagreed and handed over ownership of the music rights to the group in 2024. Lil’ Joe Records immediately appealed to the 11th Circuit.

In Tuesday’s decision, the 11th Circuit panel ruled 2 Live Crew could not pursue termination rights because of a separate, later bankruptcy filed by one of the members.

“We believe Ross’ bankruptcy estate gained control of his termination interests because they are interests in property,” wrote U.S. Circuit Judge Andrew Brasher, a Donald Trump appointee. “And, because Ross’ bankruptcy did not dispose of those interests, we believe his bankruptcy estate still held them at the time Ross tried to exercise them. Thus, we conclude that the termination notice was ineffective.”

Without Ross’ termination notice, Brasher wrote, 2 Live Crew could not void the earlier copyright transfer because it required the consent of all four members of the group.

“So two out of four interests is one interest short of an effective termination,” the judge wrote.

Brasher noted the panel’s decision is “limited” and only addresses this particular case.

“We do not address how termination interests should be treated in bankruptcy,” Brasher wrote. “And we do not decide today what Ross’s heirs need to do to exercise those interests in the light of his bankruptcy.”

Ross, known by his stage name Brother Marquis, died in 2024.

U.S. Circuit Judge Jill Pryor, a Barack Obama appointee, and U.S. Circuit Judge Robert Luck, a Trump appointee, joined Brasher on the panel.

Attorneys for 2 Live Crew could not be reached for comment.

The clash between 2 Live Crew and Lil’ Joe Records joins a string of other groundbreaking legal battles the rap group has fought since its inception, including those involving copyright law.

In the early ’90s, the Broward County Sheriff’s Office arrested members of the group and barred sales of their album “As Nasty As They Wanna Be” over obscenity charges. The group sued unsuccessfully at first but ultimately won its appeal in the 11th Circuit.

In 1994, 2 Live Crew faced a lawsuit over sampling Roy Orbison’s “Oh, Pretty Woman” and prevailed when the U.S. Supreme Court ruled the group’s use of the song was a parody and considered fair use under copyright law.

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