Eastern District of Virginia: Copyright Infringement and RICO Violations (E.D. Va.)
Explore the ongoing journey to protect intellectual property rights. Each litigation highlights key aspects of infringement and systemic misconduct. For transparency and public understanding, detailed PDFs of the complaints and audio files are available below.
6. Tatiana Ali: Daydreamin’
Claims: Copyright Infringement, RICO Violations
Summary: Released in October of 1997 on the Mosaic album, this song exemplifies mosaic infringement, deliberately borrowing from "Assumptions Day" continuing a pattern of exploitation during litigation underscores systemic infringement by Rodney Jerkins
Daydreamin’ closely mirrors thematic and lyrical elements foundational to the plaintiff’s original work, Assumptions Day. The lyric, “Somebody was talking to me, but I couldn’t understand a word they said,” explicitly references the plaintiff’s unpolished, home-recorded demo, which was hand-delivered to Teddy Riley’s studio on Virginia Beach Boulevard in 1997. This lyric acknowledges the unrefined yet distinct quality of the plaintiff's demo and establishes both access and acknowledgment.
Rodney Jerkins, mentored by Riley since age 15, was actively working in Riley’s studio during the time of the demo submission, placing him directly in the chain of access. Mary Brown, a collaborator with Jerkins on Daydreamin’ and co-writer of Destiny’s Child’s debut single No No No in 1997, further connects the systemic pipeline of access and infringement. No No No also draws heavily from the thematic elements of Assumptions Day, particularly the “social assumptions game” and themes of “knowing,” echoing the repetition of “No No No No No” with parallels to “knowing, knowing, knowing.”
The Wikipedia entry for No No No itself acknowledges that several demos were reviewed before the song was finalized, yet omits specific references to the plaintiff’s work. The mention of Brandy in relation to these demos reflects another layer of connection: the plaintiff’s earlier work, Made A Champion, subtly nodded to Brandy and resonated within the industry. These interlinked dynamics, compounded by Jerkins’ and Brown’s involvement, reveal a deliberate replication of themes and lyrical structures across Daydreamin’ and No No No.
This case, therefore, stands as a cornerstone of systemic infringement, where Daydreamin’ serves as undeniable evidence of the broader replication pipeline driven by Riley’s mentorship and Jerkins’ production influence. It ties directly to the plaintiff’s work and underscores the systemic nature of the defendants’ practices.
Evidence: Musicology reports confirm substantial similarities and concealed attribution.
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AI-driven forensic analysis reveals substantial lyrical and thematic similarities between Daydreamin’ and Assumptions Day, including mirrored phrasing (“what am I to do”) and thematic elements of social dynamics and self-reflection.
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Collaboration between Rodney Jerkins, Mary Brown, and their shared mentorship under Teddy Riley connects Daydreamin’ to Destiny’s Child’s No No No and exposes a systemic replication pattern.
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Lyrics and themes from Daydreamin’ and No No No repeatedly reference foundational elements of Assumptions Day, proving access, acknowledgment, and intentional replication.
Destiny's Child: Say My Name
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Claims: Copyright Infringement, RICO Violations
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Summary:
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Forensic analysis identifies 15 significant thematic and lyrical similarities between Assumptions Day and Say My Name, underscoring Rodney Jerkins’ systemic infringement.
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Mary Brown, credited as a writer on No No No (Destiny’s Child’s first single, late 1997), played a pivotal role in shaping early works tied to Jerkins’ production team.
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Assumptions Day introduced foundational themes of "knowing" and "love," which reappear prominently in Say My Name. This evidences a consistent pattern of replication that spans decades, connecting Jerkins, Brown, and Destiny's Child.
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The plaintiff only discovered Mary Brown's involvement and the infringement years later, adding to the ongoing narrative of hidden and systemic misuse of original work.
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Evidence:
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Comparative analysis tables and expert witness reports substantiate the claim of direct access and borrowing.
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Historical links between Rodney Jerkins, Mary Brown, Brandy, and Destiny's Child from 1998 provide critical context for systemic patterns of infringement.
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Statement on Access, Thematic Overlaps, and Acknowledgment:
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The progression from the plaintiff's original demo submission in 1997 to the production and release of Destiny's Child's "No, No, No" and Brandy's Never Say Never album reveals an unmistakable pattern of access and systemic replication of foundational themes. The acknowledgment of listening to "several cassette demos" by Teresa LaBarbera-Whites and her subsequent decision to record "No, No, No" with Destiny's Child is a pivotal link. This direct acknowledgment, as cited in the Wikipedia entry, parallels the plaintiff’s own demo submission, which was delivered to Future Studios, the base of Teddy Riley—a shared mentor to both Mary Brown and Rodney Jerkins.
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Key Points:
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Access Established: The plaintiff’s demo was hand-delivered to Future Studios, where Teddy Riley, Mary Brown (of Abstract), and Rodney Jerkins operated. The proximity of this submission to the creation of "No, No, No" solidifies the claim of direct access.
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Cassette Tape Evidence: Wikipedia cites that Columbia executives listened to "several cassette tapes" before finalizing the production of "No, No, No." The plaintiff’s work, included in these demos, provided lyrical and thematic inspiration. Mary Brown’s involvement, as credited co-writer, ties directly to this chain of access.
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Thematic Mirroring:
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"No, No, No" heavily mirrors the "knowing game" and assumptions-based themes central to the plaintiff's Assumptions Day. The repetition in "No, No, No, No, No" aligns thematically with the reflective patterns of "knowing, knowing, knowing" in Assumptions Day.
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Brandy’s name mentioned in this process stems from the plaintiff’s second song, Made a Champion, which includes subtle nods to Brandy’s hit tracks ("I Wanna Be Down" and "Brokenhearted").
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Transition to Brandy's Never Say Never Album: Rodney Jerkins, as the executive producer of Brandy’s Never Say Never, utilized thematic and structural foundations laid in the plaintiff’s demo submission. The plaintiff’s previous litigation, Jackson v. Atlantic Records, highlighted these substantial similarities across 12 of 13 songs.
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Subconscious or Intentional Acknowledgment:
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The Wikipedia entry subtly acknowledges Brandy in relation to "No, No, No," reinforcing the subliminal chain of influence from the plaintiff's submission.
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Decades later, themes from Assumptions Day reemerge in Beyoncé's "Say My Name," further showcasing a pattern of thematic recycling.
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Why This Matters:
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This pattern reflects a systemic issue of accessing and fragmenting original works from young, aspiring artists without credit or compensation. The plaintiff’s demo submission to Teddy Riley’s studio served as the catalytic foundation for "No, No, No" and later works attributed to Destiny's Child, Brandy, and Rodney Jerkins. This pattern of access, acknowledgment, and replication must be addressed through judicial discovery and testimony, which are critical to uncovering the full scope of infringement.