Rapper Roddy Ricch is the victor in a legal battle that claimed his highest-charting megahit “The Box” infringed on the copyright of a 1975 soul song titled “Come on Down.” In a biting ruling, a Manhattan-based federal judge found that “no reasonable jury could find that the works are substantially similar.”
“The (plaintiff’s) musical composition is a soul song that contains a melodic tune, while ‘The Box’ is a hip-hop song delivered in a monotone rap,” U.S. District Judge Analisa Torres wrote in her eight-page ruling obtained by Rolling Stone.
The judge noted that “Come on Down” is “significantly faster” than “The Box,” clocking 96 beats per minute compared to 58 beats per minute, and that the soul song relies on acoustic instruments, while Ricch primarily used a synthesizer. “The ‘feel’ of the two songs is also dissimilar,” Judge Torres ruled, saying “Come on Down” is “a sentimental song about ‘love and heartbreak,’ while ‘The Box’ is a braggadocious song about amassing wealth, sleeping with multiple women, and being more skilled than other rappers.”
“In light of the significant dissimilarities, no average lay observer listening to the songs would regard the aesthetic appeal as the same,” Judge Torres decided, also noting differences in chord progressions, tempo, and the use of vocals. “Plaintiff has failed to demonstrate that defendants copied any protectable portion of the musical composition.”
The decisive dismissal came just two months after California-based songwriter Greg Perry filed his complaint alleging that Ricch and Atlantic Records, among other co-defendants, released “The Box” in 2019 with “a complete duplication” of portions of his song, most notably its distinctive violin opening.
“Expert musicology analysis confirms that the ascending minor scale played by violin at the opening of ‘Come On Down’ is a distinctive musical element which recurs a total of six times throughout the song,” the 18-page lawsuit claimed. Perry further argued his song was well-known in the music industry, having been licensed by Def Jam in 2008 for use in Young Jeezy’s “Wordplay,” and by Epic Records in 2016 for use in Yo Gotti’s song “I Remember.”
“Comparative analysis of the beat, lyrics, hook, rhythmic structure, metrical placement, and narrative context by a musicology expert demonstrates clearly and convincingly that ‘The Box’ is an unauthorized duplication and infringement of certain elements of ‘Come On Down,’” Perry’s lawsuit alleged.
Judge Torres wasn’t persuaded. Her dismissal with prejudice means the case is over for good. Rolling Stone‘s attempts to reach lawyers on both sides were not immediately successful Tuesday. “The Box” received three Grammy nominations and was named Rolling Stone‘s Top Song of 2020, pulling in an astounding 866 million on-demand audio streams that year.
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