Things are getting heated and dangerous in the land of Real Housewives of Atlanta. I cannot wait! Lord knows I love a legal drama!
Kandi Burruss, along with co-writer and co-producer Rodney Richard are suing Kim Zolciak for non-payment and improper use of copywritten material over the song "Don't Be Tardy." The suit was filed in federal court.
Well Wigs is not taking any accountability in the matter! Oh Kim…
You know if the tables were reversed Kim would hunt Kandi down and waterboard her for that money!
"This is nothing short of a publicity stunt, I find this lawsuit funny yet sad," Kim told Too Fab. "Coming after me now and this song is 4 years old? I have in fact overpaid Kandi and have documents to prove it and my legal team will handle this accordingly."
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"I cannot imagine it’s anything more than a publicity stunt as it doesn’t appear to be enough money at issue to make a case," Kim's
overworked attorney Darrell Miller adds. Kandi's spinoff The Kandi Factory also premieres next month!
Access Atlanta reports that Kandi is also suing TuneCore, which distributes music to online retailers. Don't Be Tardy has sold $102,000 copies and Brielle Zolciak – Kim's eldest daughter – is listed as the songwriter!
Kim reportedly paid Kandi $4,000 in 2009 for her work on the song and has not remitted any payment since; including refusing to pay her for writting and producing fees.
Kandi has not commented on the matter – I am positive it was addressed at the reunion filmed yesterday! However, Access Atlanta shares that Kandi's attorney is none other than good friend and high-powered entertainment lawyer Phaedra Parks!
Yes, before she was sparring and strutting over donkey bootys and Krayonce, Phaedra had a real career as an attorney.
In fact Phaedra had a quite successful career which has largely been kept off the show (rumor has it she doesn't want it included)! Phaedra is reportedly getting a spinoff that focuses on her legalese.
And a little backstory: In 2009 Rodney took Kim to court for improper use of copywritten material. Rodney produced the music on the track. iTunes pulled the song from their library over the violation. Kim then threw together a remixed version with new album artwork. The song is back on iTunes, but that right there proves that something shady is going on. The original lyrics – written by Kandi and Rodney- are still in use.
Yes, Kim bought the song from Brielle's singing coach. Yes, NeNe Leakes is the one who told Kim that was the hit, but Kandi and Rodney wrote and produced the version currently being used and Kim "sang" the song. The only thing kept from the original song is the refrain, "Don't be tardy for the party…"
Kim may have paid Kandi upfront for her writing services, but she has apparently not paid Kandi or Rodney royalties or licensing fees. Or producing fees. She would have to prove Kandi signed something relinquishing all royalties in exchange for a one-time fee (as Brielle's coach reportedly did) and agreed to have no claim to the material she created.
Furthermore, the song was used as the intro track for Kim's spin-off Don't Be Tardy For The Wedding and is being used as the title track for her new spinoff (starting next month!), Don't Be Tardy. Many people wondered if the statue of limitations had expired, but intellectual property statues are different. I don't know all the specifics, but music and writing fall under the intellectual property umbrella!
We'll see! My hunch is this will settle out of court and Kim will continue spinning about how Kandi is a loser looking for attention and how she already paid her.
I mean Kim never ever ever ever does anything wrong, right? And nothing is ever her fault. Not dating a married man. Not getting evicted. Not throwing her mom out of her wedding. Not stiffing her wedding planner. I mean, right? This girl can burn a bridge better than Napoleon!
[Photo Credits: BravoTV.com]
TELL US – WHOSE SIDE ARE YOU ON: KIM OR KANDI? IS KANDI JUST LOOKING FOR PUBLICITY OR IS HER CLAIM LEGITIMATE?