Four years after DMX’s tragic 2021 death, a New York judge has ruled that his ex-wife can’t claim a 50 percent stake in the rapper’s music catalog and other intellectual property (IP) rights.
Tashera Simmons, who was married to the legendary rapper (Earl Simmons) for 16 years, sued his estate last year, claiming she was the rightful owner of half of his copyrights, trademarks and likeness rights. But in a ruling Monday (April 7), a New York judge said otherwise.
“The estate is the sole owner of all intellectual property rights [that] Earl Simmons acquired during his marriage to plaintiff, as well as any and all other trademarks and intellectual property rights that belonged to Earl Simmons at the time of his death,” Judge David F. Everett wrote.
The dispute centers on the couple’s 2016 divorce agreement, which mentioned “intellectual property” but didn’t expressly state that Tashera was a co-owner of the copyrights and trademarks. Before his death, DMX insisted the deal only granted her royalty payments — an argument his estate has maintained in the years since his death.
In Monday’s decision, Judge Everett not only ruled that the divorce settlement “does not confer ownership,” but that Tashera had essentially waived the right to make that claim. The judge cited the fact that she had raised the issue in previous litigation and had then signed a settlement that made no mention of sharing ownership.
“Under the circumstances of this case, the court will not, in effect, reopen those proceedings to reinterpret the parties’ 2016 settlement agreement, particularly where the party best positioned to contest a contrary interpretation is now deceased,” the judge wrote.
DMX, one of the most influential stars in hip-hop history, was married to Tashera through his turn-of-the-century heyday, as he released Billboard Hot 100 hits like “Ruff Ryders’ Anthem,” “Party Up (Up In Here)” and “What These bytches Want.” The pair, who share four children, filed for divorce in 2013 and finalized the split in 2016. After years of health issues and struggles with drugs, DMX died in April 2021 from a heart attack.
Tashera sued last year, claiming that the estate’s administrators (DMX’s ex-fiancée Desiree Lindstrom and his daughter by another woman, Sasha Simmons) were improperly disputing her ownership stake. She cited a handwritten excerpt from the divorce settlement, which said she would get half of IP rights, followed by: “which shall include, but not be limited to, royalties.”
But in Monday’s decision, Judge Everett said that language “does not unequivocally assign ownership of decedent’s copyrighted works or trademark and, indeed, makes no mention of ownership or title to such property.”
“Instead, plaintiff proffers an interpretation of the phrase ‘intellectual property rights’ to include ownership, but had that phrase meant ownership, then there would be no need to define those rights further in the subsequent clause, all tellingly limited to various categories of royalty payments.”
The judge did side with Tashera on one smaller issue by refusing to dismiss her accusations that DMX had breached the divorce agreement by failing to pay $214,000 in child support. That issue is factually disputed by both sides, the judge said, meaning dismissing it would be “premature.”
www.billboard.com
Tashera Simmons, who was married to the legendary rapper (Earl Simmons) for 16 years, sued his estate last year, claiming she was the rightful owner of half of his copyrights, trademarks and likeness rights. But in a ruling Monday (April 7), a New York judge said otherwise.
“The estate is the sole owner of all intellectual property rights [that] Earl Simmons acquired during his marriage to plaintiff, as well as any and all other trademarks and intellectual property rights that belonged to Earl Simmons at the time of his death,” Judge David F. Everett wrote.
The dispute centers on the couple’s 2016 divorce agreement, which mentioned “intellectual property” but didn’t expressly state that Tashera was a co-owner of the copyrights and trademarks. Before his death, DMX insisted the deal only granted her royalty payments — an argument his estate has maintained in the years since his death.
In Monday’s decision, Judge Everett not only ruled that the divorce settlement “does not confer ownership,” but that Tashera had essentially waived the right to make that claim. The judge cited the fact that she had raised the issue in previous litigation and had then signed a settlement that made no mention of sharing ownership.
“Under the circumstances of this case, the court will not, in effect, reopen those proceedings to reinterpret the parties’ 2016 settlement agreement, particularly where the party best positioned to contest a contrary interpretation is now deceased,” the judge wrote.
DMX, one of the most influential stars in hip-hop history, was married to Tashera through his turn-of-the-century heyday, as he released Billboard Hot 100 hits like “Ruff Ryders’ Anthem,” “Party Up (Up In Here)” and “What These bytches Want.” The pair, who share four children, filed for divorce in 2013 and finalized the split in 2016. After years of health issues and struggles with drugs, DMX died in April 2021 from a heart attack.
Tashera sued last year, claiming that the estate’s administrators (DMX’s ex-fiancée Desiree Lindstrom and his daughter by another woman, Sasha Simmons) were improperly disputing her ownership stake. She cited a handwritten excerpt from the divorce settlement, which said she would get half of IP rights, followed by: “which shall include, but not be limited to, royalties.”
But in Monday’s decision, Judge Everett said that language “does not unequivocally assign ownership of decedent’s copyrighted works or trademark and, indeed, makes no mention of ownership or title to such property.”
“Instead, plaintiff proffers an interpretation of the phrase ‘intellectual property rights’ to include ownership, but had that phrase meant ownership, then there would be no need to define those rights further in the subsequent clause, all tellingly limited to various categories of royalty payments.”
The judge did side with Tashera on one smaller issue by refusing to dismiss her accusations that DMX had breached the divorce agreement by failing to pay $214,000 in child support. That issue is factually disputed by both sides, the judge said, meaning dismissing it would be “premature.”
DMX’s Ex-Wife Doesn’t Own Half His Music Catalog, Judge Rules in Legal Battle With Rapper’s Estate
DMX's ex-wife doesn't own half of his music catalog, a judge ruled four years after the legendary rapper's tragic death.
www.billboard.com
that's an excellent question...
