Rosa Parks v. LaFace Records
Encyclopedia
Rosa Parks v. LaFace Records, et al. was a lawsuit filed in March 1999 on Rosa Parks
' behalf against American hip-hop duo OutKast
and LaFace Records
, claiming that the group had illegally used Rosa Parks' name without her permission for the song "Rosa Parks
", the most successful radio single of OutKast's 1998 album Aquemini
. The song's chorus, which Parks' legal defense felt was disrespectful to Parks, is as follows: "Ah ha, hush that fuss / Everybody move to the back of the bus / Do you want to bump and slump with us / We the type of people make the club get crunk."
The case was dismissed in November 1999 by U.S. District Court Judge Barbara Hackett. In August 2000, Parks hired attorney Johnnie Cochran
to help her appeal the district court's decision. Cochran argued that the song did not have First Amendment protection because, although its title carried Parks' name, its lyrics were not about her. However, U.S. District Judge Barbara Hackett upheld OutKast's right to use Parks' name in November 1999, and Parks took the case to the 6th U.S. Circuit Court of Appeals, where some charges were remanded for further trial.
Parks' attorneys and caretaker, Elaine Steele, refiled in August 2004, and named BMG
, Arista Records
and LaFace Records as the defendants, asking for $5 billion in damages. (Also named as defendants were several parties not directly connected to the songs, including Barnes & Noble
and Borders Group
for selling the songs, and Gregory Dark and Braddon Mendelson, the director and producer, respectively, of the 1998 music video. The judge dismissed the music video producers from the case by the reason of "fraudulent joinder," as these defendants had no connection to the case and there was no justifiable reason for the plaintiff's attorneys to add them to the lawsuit.)
In October 2004, U.S. District Judge George Caram Steeh appointed Dennis Archer
, a former mayor of Detroit and Michigan Supreme Court justice, as guardian of legal matters for Parks after her family expressed concerns that her caretakers and her lawyer were pursuing the case based on their own financial interests. "My auntie would never, ever go to this length to hurt some young artists trying to make it in the world," Parks' niece Rhea McCauley said in an Associated Press
interview. "As a family, our fear is that during her last days Auntie Rosa will be surrounded by strangers trying to make money off of her name."
The lawsuit was settled April 15, 2005. In the settlement agreement, OutKast and their producer and recorded labels paid Parks an undisclosed cash settlement and agreed to work with the Rosa and Raymond Parks Institute for Self Development in creating educational programs about the life of Rosa Parks. The record labels and OutKast admitted to no wrongdoing. It is not known whether Parks' legal fees were paid for from her settlement money or by the record companies.
Rosa Parks
Rosa Louise McCauley Parks was an African-American civil rights activist, whom the U.S. Congress called "the first lady of civil rights", and "the mother of the freedom movement"....
' behalf against American hip-hop duo OutKast
OutKast
Outkast is an American hip hop duo based in East Point, Georgia, consisting of Atlanta native André "André 3000" Benjamin and Savannah, Georgia-born Antwan "Big Boi" Patton. They were originally known as Two Shades Deep but later changed the group's name to OutKast...
and LaFace Records
LaFace Records
LaFace Records is an American record label, owned and operated by Sony Music Entertainment.-Company history:LaFace was formed in 1989 as a joint venture between the producing duo Antonio "L.A." Reid & Kenneth "Babyface" Edmonds, and Arista Records. The combined nicknames of the duo's successful...
, claiming that the group had illegally used Rosa Parks' name without her permission for the song "Rosa Parks
Rosa Parks (song)
"Rosa Parks" is a song by the hip hop group OutKast. It was released as the first single from their 1998 album Aquemini, and was that album's most successful single. The song's title comes from the civil rights activist Rosa Parks...
", the most successful radio single of OutKast's 1998 album Aquemini
Aquemini
Aquemini is the third studio album by hip hop duo OutKast, released September 29, 1998 on LaFace Records. The title is a portmanteau of the two performers' Zodiac signs: Aquarius and Gemini...
. The song's chorus, which Parks' legal defense felt was disrespectful to Parks, is as follows: "Ah ha, hush that fuss / Everybody move to the back of the bus / Do you want to bump and slump with us / We the type of people make the club get crunk."
The case was dismissed in November 1999 by U.S. District Court Judge Barbara Hackett. In August 2000, Parks hired attorney Johnnie Cochran
Johnnie Cochran
Johnnie L. Cochran, Jr. was an American lawyer best known for his leadership role in the defense and criminal acquittal of O. J...
to help her appeal the district court's decision. Cochran argued that the song did not have First Amendment protection because, although its title carried Parks' name, its lyrics were not about her. However, U.S. District Judge Barbara Hackett upheld OutKast's right to use Parks' name in November 1999, and Parks took the case to the 6th U.S. Circuit Court of Appeals, where some charges were remanded for further trial.
Parks' attorneys and caretaker, Elaine Steele, refiled in August 2004, and named BMG
BMG
Bertelsmann Music Group, , was a division of Bertelsmann before its completion of sale of the majority of its assets to Japan's Sony Corporation of America on October 1, 2008. It was established in 1987 to combine the music label activities of Bertelsmann...
, Arista Records
Arista Records
Arista was an American record label. It was a wholly owned subsidiary of Sony Music Entertainment and operated under the RCA Music Group. The label was founded in 1974 by Clive Davis, who formerly worked for CBS Records...
and LaFace Records as the defendants, asking for $5 billion in damages. (Also named as defendants were several parties not directly connected to the songs, including Barnes & Noble
Barnes & Noble
Barnes & Noble, Inc. is the largest book retailer in the United States, operating mainly through its Barnes & Noble Booksellers chain of bookstores headquartered at 122 Fifth Avenue in the Flatiron District in Manhattan in New York City. Barnes & Noble also operated the chain of small B. Dalton...
and Borders Group
Borders Group
Borders Group, Inc. was an international book and music retailer based in Ann Arbor, Michigan. The company employed approximately 19,500 throughout the U.S., primarily in its Borders and Waldenbooks stores....
for selling the songs, and Gregory Dark and Braddon Mendelson, the director and producer, respectively, of the 1998 music video. The judge dismissed the music video producers from the case by the reason of "fraudulent joinder," as these defendants had no connection to the case and there was no justifiable reason for the plaintiff's attorneys to add them to the lawsuit.)
In October 2004, U.S. District Judge George Caram Steeh appointed Dennis Archer
Dennis Archer
Dennis Wayne Archer is an American lawyer and politician from Michigan. A Democrat, Archer served on the Michigan Supreme Court and as mayor of Detroit...
, a former mayor of Detroit and Michigan Supreme Court justice, as guardian of legal matters for Parks after her family expressed concerns that her caretakers and her lawyer were pursuing the case based on their own financial interests. "My auntie would never, ever go to this length to hurt some young artists trying to make it in the world," Parks' niece Rhea McCauley said in an Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
interview. "As a family, our fear is that during her last days Auntie Rosa will be surrounded by strangers trying to make money off of her name."
The lawsuit was settled April 15, 2005. In the settlement agreement, OutKast and their producer and recorded labels paid Parks an undisclosed cash settlement and agreed to work with the Rosa and Raymond Parks Institute for Self Development in creating educational programs about the life of Rosa Parks. The record labels and OutKast admitted to no wrongdoing. It is not known whether Parks' legal fees were paid for from her settlement money or by the record companies.