Positive Black Talk, Inc. v. Cash Money Records, Inc.

PBT (plaintiff), which produced D.J. Jubilee's song "Back That Ass Up," sued Cash Money Records and rapper Juvenile (defendants) for copyright infringement over the similarly named and themed "Back That Azz Up" on the multi-million-selling album 400 Degreez; the jury found no copying or substantial similarity and that Juvenile's song was independently created, ruling for the defendants, who also won on their own counterclaims and sought attorney's fees for defeating PBT's copyright claim. The district court granted fees only on the successful counterclaims but denied fees related to PBT's copyright claim, finding it non-frivolous and brought with proper motive, and the defendants appealed that denial.