On October 27, 50 Cent won a victory in a Miami Court when a
judge threw out a copyright infringement lawsuit that accused the rapper of stealing
the chorus to his hit single, "In Da Club." Attorney Richard C. Wolfe
filed the 27-page lawsuit in January on behalf of attorney Joseph Weinberger and
Lil’ Joe Wein Music Company. The lawsuit claimed the chorus "Go Shorty, it’s
you’re birthday…" from 50 Cent’s "In Da Club" was lifted from
Luther "Luke" Campbell‘s song "It’s Your Birthday."

According to the Associated Press, U.S. District Judge Paul C. Huck ruled that
the chorus was a "common, unoriginal, and noncopyrightable element of the
song" and therefore cannot be protected. "We are pleased by the clarity
brought by U.S. District Judge Paul C. Huck by proclaiming what 50 and his team
always knew was a frivolous and money grubbing attempt by the Lil’ Joe Wein
Music Company," 50 Cent’s manager Chris Lighty said.

Judge Huck also ruled that there were "almost no similarities between
the works" and that the disputed lines were only eleven seconds of a more
than three-minute song. "We are also pleased that we were able to defend
a lesser known part of the case [the words] ‘I like it, I love it’ as a phrase
non-copyrightable," Lighty revealed. "This was an important stance
and win for 50’s publishing entity so we can continue to grow and protect what
is one of the most important artist held publishing entities right now."

"It’s Your Birthday" is taken from Campbell’s 1994 album Still a
Freak for Life. Weinberger is an attorney who also once represented Luke and
was a Chief Financial Officer for Luke Records. He acquired Luke’s catalog when
the Miami-pioneer filed for bankruptcy protection in the mid-90’s. The original
lawsuit also named Shady Records, Aftermath Entertainment, Interscope Records
and Universal Records.

Shortly after the lawsuit was filed in January, Luke distanced himself from
the legal proceedings stating: "Let the record reflect that Joe Weinberger
and [Weinberger’s attorney] Richard Wolfe are the individuals who are suing
50," Luke said. "They are not suing on behalf of me or any member
of the 2 Live Crew." "We are thankful for the support
from Luke who completely stated from day one he wasn’t part of this lawsuit,"
Lighty said.