In his lawsuit, Elliott – who uses the stage name Fly Havana – claimed he had co-created the song in late 2015 during a studio session with Infared, who then took the unfinished track and added contributions by Fat Joe, Remy Ma and French Montana.
“Mr. Elliott had no idea that Fat Joe had told him a series of lies calculated to deceive Plaintiff, designed to relax his vigilance, and lull him in to a false sense of security,” he wrote at the time. “He would never have taken the $5,000 or signed any document had he any inkling he was being double crossed.”
Ahead of Wednesday’s ruling, a key issue in the case was locating evidence of the agreement that was purportedly signed in that IHOP. The actual document was lost and could not be found, even after several rounds of subpoenas to Fat Joe’s former manager. Judge Buchwald eventually agreed to accept a draft of the agreement as evidence of what Elliott actually signed.
“By its terms, the agreement unambiguously assigns any ownership rights, copyright rights, and any additional rights that Elliott had in the Composition and the Master,” Judge Buchwald wrote.
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