Sony Music sues Whitney Houston biopic producers for not paying to use her music
A lawsuit has been filed against the producers of Whitney Houston: I Wanna Dance With Somebody, a 2022 biopic, alleging that they failed to pay for the usage of over 20 of Houston's songs in the movie.
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Billboard reports that the lawsuit, which names Anthem Films and Black Label Media among other media businesses engaged in the film directed by Kasi Lemmons, was filed in federal court in New York on Thursday.
The primary actress in the movie, Naomi Ackie, lip-synced to the late singer's records a lot. In order to use Houston's classics in the movie, such as "The Greatest Love of All," "I Will Always Love You," and "I'm Every Woman," the production entities negotiated sync license deals. But Sony Music says they haven't been paid in more than a year after the movie's release.
In the legal action, Christine Lepera of Mitchell Silberberg & Knupp, the attorney for Sony Music, stated that "Anthem has not paid the fees, or any portion of the fees, due under the agreements."
Less than two weeks before the movie's theatrical release, on December 5, 2022, the aforementioned companies supposedly inked a sync license agreement.
It is practically hard to convey the significance of a musician's creative brilliance or distinctive style and talent without using the musician's music, which is why musical biopics—unlike other kinds of films—necessitate using the musician's music, according to Sony Music.
"Aware of the value of Plaintiffs' catalog and the requirement for permission to use Plaintiffs' sound recordings in order to produce a biopic about the life and music of Whitney Houston, Anthem entered into a license agreement."
When Sony contacted Anthem regarding the past-due payment, the firm allegedly stated that they were awaiting the issuance of a tax credit that the state of Massachusetts owed. The postponement, however, led to "failure to pay the fees to SME."
"It is evident that there was no license or authorization to use the SME Recordings used in the film," Sony's legal representatives went on. Nevertheless, the movie that used the SME recordings has been shown, shared, and used commercially.
Anthem Films, NYBO Productions LLC, Black Label Media, and its offspring, WH Movie LLC, are all named as co-defendants in the complaint.
Black Label Media stated they were "one of many investors in this film" and that they "look forward to being dismissed from it promptly," in a statement provided to Billboard.
