Judge Rules in DMX Estate’s Favor in Copyright/IP Ownership Lawsuit

Photo Credit: DMX by Mika Väisänen / CC by 3.0

The DMX Estate secures a victory in an ongoing lawsuit challenging their sole ownership of the late rapper’s copyright and IP rights.

DMX’s estate has secured a major victory in an ongoing lawsuit that challenges the estate’s sole ownership of the late rapper’s copyright, trademark, and other intellectual property rights.

The judge issued a decision and order on Monday (April 7) that rejects the claims by DMX’s ex-wife, Tashera Simmons, that she co-owned his IP rights accrued during their marriage and is entitled to 50% of all revenue generated.

The decision reinforces that the estate, represented by Kurzman Eisenberg Corbin & Lever, LLP and Manatt, Phelps & Phillips, LLP, is the sole owner of all such rights. Tashera Simmons’ rights, therefore, are limited to a portion of record and music publishing royalties generated by musical works that her former husband released during their marriage.

“[The Estate] is the sole owner of all intellectual property rights (including all copyrights and trademark rights) that [DMX] acquired during his marriage to [Simmons], as well as any and all trademarks and intellectual property rights that belonged to [DMX] at the time of his death; except as specifically set forth in five Letters of Direction signed by [DMX],” wrote Judge David F. Everett.

“[Simmons] has no income interest and is not otherwise entitled to any monies of any kind generated by or attributed to services rendered by [DMX], and/or to copyrights and trademark rights […] acquired during his marriage to Plaintiff.”

DMX, real name Earl Simmons, who began rapping in the early 1990s, passed away on April 9, 2021, at only 50 years old. His influence on hip-hop is undisputed; his aggressive style and violent lyricism helped popularize the horrorcore genre.

Throughout his career, he won an American Music Award, a Billboard Music Award, and was nominated for six Grammy Awards. DMX was the first artist to have their first five albums consecutively debut atop the Billboard 200. By 2021, he had sold over 75 million records worldwide.

His international hit, “X Gon’ Give It to Ya,” released in 2002, saw a resurgence in popularity in 2016 when it was featured in the Marvel film Deadpool and its trailers. DMX’s eighth and posthumous studio album, Exodus, was released a month after his passing, on May 28, 2021.

View the full article