Kandi believes that not only did Kim abuse autotune, but she also abused her professional services when she robbed Kandi and her production team of royalties related to copyright violation. Last week the Real Housewives of Atlanta stars met in court and Kim was awarded a victory based on a federal jurisdiction technicality.
Kim immediately took to twitter to brag about winning the case, but not so fast! Kandi claims she fully plans to re-file in federal court – and that the loss was a preliminary matter. "Kim really didn't win. That was just one level of it," Kandi explains to Us Weekly. "Now it goes back to other levels of the court and it's still going on." I really don't understand legal issues, so if anyone else can shed some light on the matter – please do!
If you recall Kandi Burruss filed a lawsuit against Kim claiming she stiffed her of her royalties from Don't Be Tardy and failed to give her a production credit. Kandi succeeded in having the song briefly pulled from iTunes over a copyright violation.
The saga of the one-hit wonder continues… Unfortunately.
In her attempt to get Kandi Burruss' 'Don't Be Tardy' lawsuit against her thrown out of court, Kim Zolciak is taking on Kandi's lawyerPhaedra Parks and asserts that Phaedra has failed to prove that Kandi has sufficient rights to the material in question. She filed a Motion To Dismiss suggesting that Kandi has no grounds to file a suit for material that she has no copyright for.
In paper's filed by Kim's legal counsel she attests that: “Nowhere in Plaintiffs’ Complaint is it asserted that Kandi Koated Entertainment, Inc. is an owner or an assignee of any copyright interest in the Composition or the Sound Recording”.
The Real Housewives of Atlanta star of course believes otherwise. Kandi is not the sole party in the lawsuit so it is unclear if Kim believes none of the plaintiffs involved have rights to the copyright.
Kandi, who sympathizes with all of us in declaring the song a national embarrassment, wants it permanently removed from the airways. But Kim, whodoesn't exactly have a job (except makin' babies!), is fighting to keep it on iTunes claiming she has already "over-paid" Kandi for her services and that Kandi isn't even the real songwriter. We know that's a lie!
Kim also wants a judge to toss out the lawsuit claiming it has no merit according to TMZ. Kim is adamant that not only has she already fairly compensated Kandi for her services, but she paid in excess by $6,000! Kim also insists that Kandi doesn't even believe her own suit as she is simply attempting to pull a Sheree and use the courts to get attention.
Kim has been doing nothing but talking – and trashing Kandi – to the media, on twitter, and with really badly written and poorly editedPR statements. Now Kandi, represented by fellow Real Housewives of Atlanta star Phaedra Parks, is explaining what led to the lawsuit. And as predicted Kandi is saving most of her comments for their day in court!
"It’s time for the whole ordeal to be over. I asked TuneCore to take the song down in December 2012. They did. Kim sent an affidavit to put it back up, which they did," Kandi reveals in her statement. "TuneCore then informed me that in order for the song to be taken down permanently I would need to file suit to have it removed."
Kandi and co-plaintiff Rodney Richard (aka Don Vito), who is the co-writer and co-producer, are suing TuneCore along with Kim!
A week after Kandi Burrussfiled a lawsuit against Kim in federal court over royalties, non-payment, and rights to use the song 'Tardy For The Party,' Kim continues to desperately exonerate herself by slamming Kandi in the media and on twitter. Among other things, Kim has called Kandi a famewhore seeking publicity and a liar. Kandi has not commented.
Going one step further, the Don't Be Tardy star put out an official press release giving her perspective on the lawsuit. It is of no surprise that Kim takes no responsibility and accuses Kandi of lies and negligence. Furthermore this is the most professional (ha!) press release ever. Is Brielle not only Kim's songwriter but her PR rep too?
"The lawsuit led by Kandi Burruss and Rodney Richard aka Don Vito against Kim Zolciak-Biermann over the song 'Tardy For The Party' is without merit and suspicious in its timing," Kim's official statement begins.