Appeals Court Reverses 2 Live Crew’s Copyright Termination Win

Photo Credit: Nick Youngson / CC by 3.0

2 Live Crew have lost their prior copyright victory in appeals court, based on a technicality that affects artists’ rights under federal bankruptcy law.

The U.S. Court of Appeals for the Eleventh Circuit overturned the previous October 2024 jury verdict that saw iconic rap group 2 Live Crew regain control of their copyright. The three-judge panel ruled that the group cannot reclaim the rights to its earlier music catalog in a rare instance where copyright law and bankruptcy law overlap. It’s an unusual situation that draws attention to artists’ rights under federal copyright law.

Known for hits like “Hoochie Mama” and “Me So Horny,” the hip-hop group sold the rights to its first five albums during bankruptcy proceedings in 1995 to Lil’ Joe Records. Joseph Weinberger, a lawyer and the company’s owner, previously served as chief financial officer of 2 Live Crew’s record label, Luke Records.

In 2020, the group’s remaining members (Luther Campbell, Mark Ross, and the estate of Christopher Wong Won) attempted to regain their copyright from Lil’ Joe Records under the termination rights provision of federal copyright law. This provision enables creators to have their works returned to them under certain conditions after 35 years. Notably, another original member of the group, David Hobbs, was not part of the decision to pursue termination rights.

Weinberger pushed back with a lawsuit filed in Florida, arguing that the transfer of assets during bankruptcy proceedings included the artists’ rights under copyright law. A jury disagreed, and ownership of 2 Live Crew’s music rights was returned to the group in 2024.

But Weinberger immediately appealed the decision. And now, an Eleventh Circuit panel determined that Weinberger was correct: 2 Live Crew cannot pursue termination rights because of bankruptcy—but not the one they filed in 1995. Instead, a technicality related to Mark Ross’ own bankruptcy filed later is what hammered the nail into the coffin.

“We believe Ross’ bankruptcy estate gained control of his termination interests because they are interests in property,” wrote U.S. Circuit Judge Andrew Brasher. “Because Ross’ bankruptcy did not dispose of those interests, we believe his bankruptcy estate still held them at the time Ross tried to exercise them. Thus, we conclude that the termination notice was ineffective.”

Simply put, without Ross’ termination notice, 2 Live Crew could not void the earlier copyright transfer because it required consent from all four members of the group. Hobbs, the group’s fourth member, did not choose to pursue termination rights, which meant that all three of the remaining members must have legal consent for a majority in order for it to be effective—and Ross had lost his rights to consent through his own bankruptcy proceedings.

“So two out of four interests is one interest short of an effective termination,” wrote the judge.

Ross, better known as Brother Marquis, died in 2024.

Brasher noted that the panel’s decision is limited in scope and only applies to this particular case. “We do not address how termination interests should be treated in bankruptcy. And we do not decide today what Ross’ heirs need to do to exercise those interests in the light of his bankruptcy.”