M.V. Music v. V.P. Records Retail Outlet Inc.

Reggae Singer Is Denied Preliminary Injunction; Delay Not Explained, Money Can Remedy Harm

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MEMORANDUM & ORDER Plaintiffs MV Music and Clifford Ray Smith (a/k/a “Mr. Vegas”) brought this lawsuit for copyright infringement, breach of contract, unjust enrichment, and unfair competition. Before this Court is Plaintiffs’ motion for a preliminary injunction seeking to enjoin Defendants from using Mr. Vegas’s sound, image, and likeness during this action, or alternatively, requiring Defendants to hold monies derived from Mr. Vegas’s music, image, and likeness in escrow. For the reasons stated on the record at the show-cause hearing on October 27, 2022, and as supplemented herein, Plaintiffs’ motion is denied. BACKGROUND I. Findings of Fact Pursuant to Federal Rule of Civil Procedure 52(a)(2), the Court makes the following findings of fact in support of its denial of a preliminary injunction against Defendants.¹ Fed. R. Civ. P. 52(a)(2); see also Smith v. Everson, 266 F. App’x 58, 58 (2d Cir. 2008) (“Rule 52(a)…requires district courts to ‘state the findings [of fact] and conclusions [of law]‘ when granting or refusing an interlocutory injunction.”). Plaintiff Clifford Ray Smith, professionally known as “Mr. Vegas,” is a successful reggae singer from Jamaica. (Affirmation of Plaintiffs’ Counsel (“Pls. Aff.”), Dkt. 41-1, 2.) Plaintiff MV Music is a Florida-based limited liability company that collects royalties for Plaintiff Vegas. (Am. Compl., Dkt. 19,

30, 32.) Greensleeves Records Limited (“Greensleeves”) is a British record label. (Id. 39.) Since at least the 1990s, Plaintiff Vegas has had recording agreements with Greensleeves to license the master recording for some of his songs, including his Head High album, which includes the eponymous song. (Declaration of Christopher Chin in Opposition to Preliminary Injunction Motion (“Chin Decl.”), Dkt. 43, 5; see also Chin Decl., Ex. B., Dkt. 43-2, at ECF² 4.) Defendants in this case are V.P. Records Retail Outlet, Inc., V.P. Music Group Inc., and V.P. Music. (Am. Compl., Dkt. 19,

M.V. Music v. V.P. Records Retail Outlet Inc.

Reggae Singer Is Denied Preliminary Injunction; Delay Not Explained, Money Can Remedy Harm

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