F.B.T. Productions, LLC v. Aftermath Records

Proceedings: (In Chambers) Order Denying Plaintiffs’ Motion for Summary Judgment and Granting in Part and Denying in Part Defendants’ Motion for Summary Judgment

Pending before the Court are Plaintiffs’ and Defendants’ cross-motions for summary judgment. The Court heard argument on the motions on October 11, 2011. After considering the moving and opposing papers and the arguments made at the hearing, the Court DENIES Plaintiffs’ Motion for Summary Judgment, and GRANTS in part and DENIES in part Defendants’ Motion for Summary Judgment.

I. Background

Plaintiffs F.B.T. Productions, LLC (“FBT”) and Em2M, LLC (“Em2M”) (collectively as “Plaintiffs”) are entities that receive royalties payable for the use and exploitation of master recordings by Marshall B. Mathers III, better known as the rapper Eminem. Defendants are Aftermath Records, a joint venture (“Aftermath”), and its owners, Interscope Records (“Interscope”), UMG Recordings, Inc. (“UMG”), and Ary, Inc. (“Ary”) (collectively as “Defendants”).

A. The Eminem Agreements

In approximately 1995, Jeff and Mark Bass signed Eminem to an exclusive record deal with FBT, their production company. In March 1998, FBT entered into an…