Victory Boyd's copyright lawsuit involving Travis Scott, Future, and SZA over their 2023 song “Telekinesis" is moving forward. She alleges that she never permitted Scott to adapt her unreleased song with Kanye West, “Like the Way It Sounds,” for his Utopia track. On Monday, a New York federal judge shot down the three artists' request to dismiss the lawsuit.
In his ruling, Judge Mary Kay Vyskocil wrote that Scott, Future, and SZA “have come nowhere near shouldering their burden” for dismissal. He elaborated: “Indeed, it is difficult to see how the moving defendants could have shouldered that burden at this stage of the litigation. There exist almost no factual indicia in the record before the court with respect to the collaborative relationship between her and Ye — the very relationship that the moving defendants assert entitles them to dismissal of plaintiffs’ claims.”
Travis Scott's Argument For Dismissal
Travis Scott, Future, and SZA originally requested the dismissal back in July of last year. At the time, they argued that Boyd falsely labeled herself as the demo’s sole composer on copyright registration paperwork. In actuality, they claimed, she only handled the lyrics while Kanye West did the rest. “Without a valid registration, plaintiffs cannot initiate or maintain a claim for infringement," they wrote.
Despite ruling in Boyd's favor, the judge also limited the extent of financial damages she could pursue, noting that she didn't copyright “Like the Way It Sounds” until after Scott dropped “Telekinesis” in 2023.
Addressing the ruling in a statement provided to Billboard, Boyd's attorney, Keith White, wrote: “We expected the court to deny the defendants’ motion, and we are excited to move to the next phase of litigation. We hope that other creatives are encouraged to fight for their rights, even when fighting against giant companies and artists with undiscerning fanbases. Victory Boyd is an incredibly talented songwriter who deserves to be respected, protected and celebrated – just like all the creators that pour their hearts into art.”
Regardless, Travis Scott, Future, and SZA appear to remain optimistic that the case will eventually get a dismissal. Their attorney, Ed McPherson, added in his own statement: “Unfortunately, the portion of the court’s order that allowed certain proceedings to go forward at this stage only delayed the inevitable dismissal of the case.”
