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Wednesday
May 28, 2003
Judge Spears Britney Song-Theft Suit
Britney
Spears, not a girl, not yet a woman and definitely not a song thief.
A federal judge has thrown out a
copyright-infringement lawsuit against the popster brought by two Philly
songwriters who accused the 21-year-old of ripping off their melody for the
tune "What U See (Is What U Get)" off her smash 2000 release,
Oops!…I Did It Again.
U.S. District Judge Berle M. Schiller
ruled that Spears' camp did not have access to the similarly titled song she's
accused of swiping, "What You See Is What You Get," by plaintiffs
Michael Cottrill and Lawrence Wnukowski, before she recorded her version.
The duo's lawsuit, filed last June in
U.S. District Court in Philadelphia, claimed they had given an uncopyrighted
instrumental version of their song to William Kahn, a talent scout who worked
for the singer's camp. They say Kahn had in October 1999 requested tracks for
consideration on her album.
The judge, however, sided with
Britney & Co. after hearing testimony from the four (count 'em four)
songwriters credited for writing her track. Jorgen Elofsson, David Kreuger,
Per Magnusson and Rami Yacoub testified they had never heard Cottrill and
Wnukowski's melody until March 2003 and could not have plagiarized it, since
they finished work on "What U See (Is What U Get)" in 1999.
"As plaintiffs have not come
forward with any affirmative evidence showing access, there is no reasonable
possibility that the creators copied plaintiffs' song before November 1999,
when the melody of defendants' song was completed," Schiller wrote in his
opinion
And even if the pair could prove they
had access, Schiller also pointed out that about the only thing the two songs
had in common was the well-worn title, leaving any "reasonable
juror" no choice but to find for the defendants.
"The phrase is a cliché and can
be found in prior art," Schiller wrote. "Additionally, the pitch
series and opening rhythm of the lyric phrase are different in each of the
songs."
In reaching his conclusion, Schiller
also referred to Cottrill's sworn deposition testimony in which he stated that
he gave Kahn an instrumental version of "What You See Is What You
Get" that had "nothing to technically do" with the track he and
his cowriter eventually submitted for copyright protection with the U.S.
Copyright Office in November 1999.
George Bochetto, the attorney
representing Cottrill and Wnukowski, said he hoped to get the suit reinstated
on appeal.
"Obviously, we're
disappointed," Bochetto told the Philadelphia Inquirer. "That's no
reflection on Judge Schiller...we just disagree."
The pair had demanded unspecified
monetary damages from Spears, Jive Records, Zomba Recording Corp., Wright
Entertainment Group and BMG Music Publishing Inc.
A spokeswoman for Spears' at Jive
Records did not return phone calls seeking comment on the dismissal.
This isn't the first legal brouhaha
the Britster's successfully extricated herself from recently.
Earlier this month, Spears and
footwear maker Skechers USA quietly settled dueling breach of contract
lawsuits over her signature collection of skating merchandise.
story.news.yahoo.com |
Is It Britney
Speared?

Now you
see it ... Britney's frilly number peeks out of top.
BRITNEY Spears
seems to be keeping a secret close to her chest yesterday — as she spends
THREE HOURS in a tattoo shop.
Just before hitting the parlour, a bright pink bra could be seen peeking out
of her top.
But as she left the New York body art den, the sexy number had been taken off.

Now you
don't ... the bra has disappeared by the time she leaves the tattoo parlour.
The 21-year-old
pop star refused to answer any questions about the visit but she already has a
Japanese character on her hip and a ring in her right nipple.
Perhaps she asked the tattooist to “ink me baby one more time”.
thesun.co.uk |
Britney Caught Smoking - Again
Britney Spears has sparked a new
controversy about her smoking habit - after being caught puffing away on TV.
The pop superstar attempted to hide
her cigarette when she realized she was being filmed as she left a New York
club Wednesday night, but fans couldn't miss what she was holding in her
hands.
Spears' publicists have refused to
comment about the incident, which aired on news shows overnight.
kissfm.com
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Brittany Murphy Bought Britney's House
On CJ (Celebrity Justice), they
mentioned that Brittany Murphy bought Britney's LA house for around four
million dollars. This is the house that she shared with Justin.
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Britney Spears Shedding Her Clothes
Online
Britney Spears won't be ripping off her flesh-colored pants ever again.
Nor will she don her green bra-and-miniskirt snake-trainer ensemble — and
not just because wearing the same outfit in public is a celeb fashion faux
pas. No, the singer is selling her clothes to the highest bidder in the name
of charity, she announced Thursday (May 22).
"They're kind of iconic or whatever," Spears said, "but it's
not like I'm going to be wearing them anytime soon. And although I'm kind of
sad about some of the pieces going, I know that the money we raise will have a
huge payback."
Taking a break from her recording schedule, the pop star cleaned out her
closet, clearing out some 160 pieces of costumes and other memorabilia for an
auction that kicked off Thursday, benefiting the Britney Spears Foundation,
which funds a weeklong performance-arts camp for kids.
"Financially, we didn't have that much at one point, but I could go to
singing and dancing lessons," Spears said. "But there's some kids
who don't have that. I just know that when I was younger I needed to express
myself. It was like a spiritual, healing thing. And as far as camp goes, it's
just a time for kids to go and just be creative and express themselves. I
think that's important."
Visitors to www.gottahaveit.com
have a shot at acquiring not just a selection of more than 50 of Spears'
video, film and stage costumes (snake not included), but they can also bid on
signed posters, photography and items from her childhood.
"There was one thing I made for my grandmother, a picture frame,"
she said, "and it was kind of special, but I did so many things for her.
So when I saw it, I was like, 'Should I? Should I? OK, I'll do it.' "
The more premium packages, however, are "personal experiences" with
the star, which include meeting her on the set of a video shoot, attending the
Britney Spears Camp for the Performing Arts, and getting tickets and backstage
passes for her upcoming tour. "They get to go to the show, they get to go
to the camp, they get to do a bunch of cool stuff," she said.
The auction runs through June 3.
mtv.com
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Britney Invited to The Sunset Marquis
Oasis
Britney Spears will be one of the many
celebrities invited to be a guest at The Sunset Marquis Oasis, an invitation
only two-tiered event, which will serve as both a dressing suite, showcasing
the ultimate in high end design for men and women, as well as a "wellness
center" providing an array of services from hairstyling by stylist to the
stars, Laurent DuFourg of Prive Salon and signature make-up by Smashbox to
rejuvenating facials by Mario Badescu, manicures and pedicures by the
exclusive Ona Spa, hand and foot microdermabrasion treatments by Dermanew and
private yoga instruction by Anna Getty.
Born out of a desire to create refuge for celebrities, stylists, media and all
involved in Oscar(R) preparation, The Sunset Marquis Oasis was introduced this
year as a flagship event designed to offer an escape from the
"frenzy." On the heals of this stellar event, Sunset Marquis Oasis
returns on May 30 and 31 with a line up of extraordinary brands and services
to prepare and pamper celebrities for the fun and excitement of the MTV Movie
Awards. Ongoing cocktails, champagne, signature cuisine and elixir/tonic
beverages by Chef Akasha provided throughout the as music by Amoeba Music with
surprise celebrity guest DJs.
Invited Guests such as Justin Timberlake, Vince Vaughn, Sean William Scott,
Vin Diesel, Josh Hartnett, Kirsten Dunst, Luke Wilson, Owen Wilson, Elijah
Wood, Angelina Jolie, Reese Witherspoon, Carmen Electra, Cameron Diaz, Tobey
Maguire, Drew Barrymore, Jennifer Love Hewitt, Britney Spears, Ben Stiller,
Michelle Branch, Taryn Manning, Jaime Pressly, Elisha Cuthbert, Rosario
Dawson, Brittany Murphy, Nikka Costa, Katie Holmes, Kelly Osbourne, James
Franco, Erika Christensen, Tara Reid, Andy Dick, Simon Cowell, Paula Abdul,
Randy Jackson, past MTV's "Real World" cast members and many more
will be styled in the most sought after designer pieces and accessories on the
ground floor of the villa located in the pristine and secluded garden area of
the famed Sunset Marquis Hotel and Villas, while enjoying the luxurious
pleasures of the wellness center upstairs.
DATES and TIME:
Friday, May 30th and Saturday, May 31st
10am - 5pm
Brands and Partners:
AKASHA'S ORGANIC KITCHEN
AMOEBA MUSIC
AROMA NATURALS CANDLES
CARILYN VAILE KNITWEAR
COORS ORIGINAL
DANIEL MCFADDEN COSMETICS
DASANI
DERMANEW MICRODERMABRASION
FENG SHUI JEWELRY
J. LINDEBERG
JEWELRY by KAVIAR
KILLER LOOP EYEWEAR BY LUXOTTICA
KUNDALINI YOGA WITH ANNA GETTY
LANCOME HAIRCARE PRODUCTS
MARIO BADESCU SKINCARE
MAVI JEANS
MIRROR ME TEES
MORGAN RANCH
ONA SPA
OP (OCEAN PACIFIC)
PATCHES by RODNEY EASTMAN
PETRO ZILLIA
PRIVE SALON
ROCK THE VOTE
ROSEMOUNT VINEYARDS
SHAWN by YOHANNA LOGAN
SILK SOYMILK
SMASHBOX COSMETICS
SPIN MAGAZINE
STEVE MADDEN
SWATCH
TARANTULA AZUL TEQUILA
THE HEALTHY BEVERAGE COMPANY
VOGUE EYEWEAR BY LUXOTTICA
WHOLE FOODS MARKET
WILDLIFE WORKS YOGA WEAR
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Britney Drinks Up
City's Club Scene
Britney Spears
seems to be loving life as a New Yorker - but is she loving our nightlife a
bit too much?
The Louisiana-spiced pop princess'
restaurant, Nyla, went bust; still, it hasn't stopped Spears from staying here
to record her next album and get to know the locals. Yesterday, after having
lunch with girlfriends at Tai on Mulberry St., she charmed the super from the
building next door. When he brought his baby out, she bounced it on her knee,
prompting one of her pals to tease, "You're getting maternal!"
Not necessarily. Friday at the
nightclub Show, she was enjoying her youth with a vengeance. According to a
spy, two friends had to help the wobbly star to the bathroom, which a
bodyguard discouraged other patrons from entering.
A rep for Britney says she had been
drinking, but not excessively. "Britney had a great time," says her
spokeswoman. "Your eyewitness needs her eyes checked."
Meanwhile, Limp Bizkit front man Fred
Durst still hasn't gotten over his fling with Brit.
In a replay of the Mariah Carey/Eminem
voice-mail spat, Durst is accusing Britney of leaving weird messages on his
answering machine.
After Durst blabbed about Spears on
the Howard Stern Show, he tells Rolling Stone, Brit called to say: "
'Fred, you better watch your back, because you are seriously [bleeped].'
"It's so funny. I saved them all
just in case I ever need them."
nydailynews.com
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Britney Auctions Off Merchandise
Britney Spears is selling her stuff! To
raise money for Britney's charity, The Britney Spears Foundation, Gotta Have It,
the premiere source for pop culture collectibles, will be having an online
charity auction of exclusive Britney memorabilia from the beginning of her
career to now. The auction includes over fifty of her most popular costumes worn
in concerts, videos and film like the green bra top and jeweled miniskirt
snake-trainer ensemble worn during Britney's performance of "I'm a Slave 4
U" at the 2001 MTV Video Music Awards. You can also bid on an exclusive
collection of signed Britney Spears posters and photography. One package for bid
includes four premium seats for Britney's upcoming tour, along with sound check
party passes and a chance to meet Britney at the show. Also included in the sale
will be all of Britney's back-up dancers' costumes, all fashioned in the same
way as Britney's. In addition, fans will be able to bid on personal appearances
with Britney like meeting Britney on the set of a video shoot or an invitation
to attend The Britney Spears Camp for the Performing Arts. The auction starts
today, May 22! It will go on until it ends on June 5.
Fans can log in and bid
on items through Gotta Have
It.
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Britney On The Lycos Top 50: Week 197
Britney is sitting at #13 this week
on the Lycos 50 for the week ending 05/24/03. She has been on the list for 197
weeks.
50.lycos.com |

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