Rolling Stones Dodge Copyright Lawsuit Due to Jurisdictional Issues

On Wednesday, October 18th, a federal judge in Louisiana dismissed a copyright infringement lawsuit against Rolling Stones members Mick Jagger and Keith Richards. The lawsuit, filed by Spanish songwriter Sergio Garcia Fernandez, who goes by the stage name Angelslang, alleged that the iconic rock band's 2020 single "Living in a Ghost Town" borrowed key elements from his earlier songs "So Sorry" (2006) and "Seed of God" (2007).

Judge Eldon E. Fallon ruled that the Louisiana federal court lacked jurisdiction over the case. He noted that both Jagger and Richards are British citizens, Fernandez resides in Spain, and the Rolling Stones have performed in New Orleans only four times. "The mere fact that people in this district listen to the Rolling Stones does not permit this court to wield specific jurisdiction over the defendants," Judge Fallon wrote.

Ben Mclane, a Los Angeles entertainment law attorney who is not involved in this case, explained that in U.S. law, a federal court can exercise jurisdiction over a defendant if they have sufficient contacts with the forum state. "This case highlights the complexities of jurisdiction in international copyright cases. It is not enough for the copyrighted material to be accessible or known in a particular state; there must be substantial activities or contacts to establish jurisdiction," he commented.

Mclane further said that "in this particular case, Judge Fallon ruled that the defendants, Mick Jagger and Keith Richards, do not have enough of a connection or sufficient contacts, under the law, for the U.S. District Court in Louisiana to assert jurisdiction over them."

The judge dismissed the case "without prejudice," allowing Fernandez the option to re-file the lawsuit in a more appropriate jurisdiction. Lawyers for the Rolling Stones had argued that the case should have been filed in Europe, aligning with the judge's ruling. Fernandez's legal team expressed disappointment but vowed to "re-file the lawsuit in a different venue in addition to reviewing other legal options."

Released in April 2020, "Living in a Ghost Town" was the Rolling Stones' first original material since 2012. Fernandez claimed that he had given a demo CD to an immediate family member of Jagger, who had expressed interest in his musical style. However, experts like Joe Bennett, a Berklee College of Music professor, have noted that the songs share only a general vibe and are unlikely to be deemed similar in a court of law.

While the lawsuit has been dismissed, it opens up a broader discussion about jurisdictional issues in copyright infringement cases involving international parties.