'Back that Ass Up'

5th Circuit Rules in Rappers' Battle Over Phrase 'Back That Ass Up'

> John Council Texas Lawyer 01-25-2005
>
> As often happens in the hip-hop world, two rappers became embroiled in
> a dispute over who owned the rights to a song that utilized a popular
> phrase. And it took the musical ear of the 5th U.S. Circuit Court of
> Appeals to settle the matter.
> Positive Black Talk Inc., et al. v. Cash Money Records, et al. plunged
> the conservative appellate court into the world of booming bass lines
> and popular street slang.
> Chief Judge Carolyn Dineen King, who wrote the opinion, boiled
> the case down to a dispute between Louisiana rappers Juvenile and
> D.J. Jubilee over who owned the rights to a song that included
> the poetic four-word phrase 'back that ass up.'"
> In its Jan. 13 opinion, the 5th Circuit sets out the following facts:
> In 1997, both rappers recorded songs with similar titles -- D.J.
> Jubilee, also known as Jerome Temple, recorded "Back That Ass Up,"
> while Juvenile, also known as Terius Gray, recorded "Back That
> Azz Up."
> Juvenile's song was a hit, sold more than 4 million CDs and grossed
> more than $40 million in sales. However, D.J. Jubilee's song failed to
> elevate either his bank account or his profile. D.J. Jubilee continues
> to work as a special education teacher.