EXCLUSIVE: Man Who Lost Copyright Lawsuit Against Beyonce Plans to Appeal Judge's Ruling

by Zach Seemayer 9:12 PM PDT, October 26, 2015
Photo: Columbia Records

Beyonce recently came out victorious as the defendant in a copyright infringement lawsuit filed against her by a singer named Ahmad Javon Lane, who claims the "Drunk In Love" singer ripped off his song "XOXO" for her single "XO."

A district judge in New York City threw out the case -- for a variety of reasons -- on Oct. 21, in court documents obtained by ET, but Lane says he's not necessarily going to accept the judge's ruling.

A rep for Lane issued a statement exclusively to ET, saying that the singer "is disappointed with the judge's ruling and is considering fighting his case with an appeal."

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According to the ruling made by District Judge Paul Engelmayer, there are many significant and substantial differences between Lane's "XOXO" and Beyonce's "XO."

"A listener… would quickly grasp that the melodies of the two songs are completely different," Judge Engelmayer wrote in his decision, adding, "As to the music in the two songs at issue, the Court, having listened to the two songs back to back, finds little, if anything, in common between 'XOXO' and 'XO.'"

For a comparison, check out the two songs in question below, to hear how they stack up.

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Judge Engelmayer also took the time to ascribe different moods to the tracks, writing, "The two songs also have a different feel -- an appreciative fan would term Lane's track seductive and personal, and Beyonce's track joyous and uplifting."

Dissecting the lyrics as well as the music and melody, the judge found even less in common between the two songs, detailing the difference in the imagery depicted by the lyrics in both tracks.

"'XOXO's lyrics are explicitly sexual, while 'XO's are substantially more tame and metaphorical. The singer in 'XOXO' leaves little to the imagination, describing himself as 'horny' and singing that his love interest’s 'body is the promise.' Lest the point be missed, the 'XOXO' singer adds that he is 'loving all of you, every inch of you,'" Judge Engelmayer explained. “In 'XO,' by contrast, the lyrics combine light and dark imagery… and the invocation of romantic intimacy is considerably more subtle."

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"Aside from the fact that both songs’ lyrics use the letters 'X' and 'O,' there is virtually nothing common to the two songs' lyrics," the judge added, concluding, "As a matter of law, a reasonable jury could not find that 'XOXO' and 'XO' are substantially similar."

This isn't the first time Beyonce has been the defendant in a copyright infringement lawsuit. The 34-year-old was sued in December over her hit "Drunk in Love" by Hungarian performer Monika Miczura Juhasz, who claimed that Beyonce's popular song had used a distorted sampling of her 1995 song "Bajba, Bajba Pelem," without permission.

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