LOS ANGELES (CelebrityAccess) – Sony Music Entertainment (SME) has initiated legal action against the producers of the Whitney Houston: I Wanna Dance with Somebody biopic, asserting non-payment for the use of the late singer’s music in the film.
According to the lawsuit filed in a California federal court on Thursday (February 15), SME alleges that the producers, including Boston-based Anthem Films, NYBO Productions, and Los Angeles-based Black Label Media, entered into a sync licensing agreement on December 5, 2022, before the film’s release. The agreement supposedly granted permission to use more than 20 of Houston’s songs, including the global hit “I Will Always Love You.” However, SME contends that despite the signed agreement, the producers have failed to remit any licensing fees for the music featured in the film.
SME’s legal team stated in the complaint, “Unlike other types of films, musical biopics by their nature require use of the subject musician’s music, as it is nearly impossible to explain the importance of a musician’s creative genius or unique style and talent without the use of the musician’s music. To date, Anthem has not paid the fees, or any portion of the fees, due under the agreements.”
SME considers the producers’ actions as a “willful and deliberate infringement” of its copyrights and seeks unspecified damages, including potential lost profits. The lawsuit further alleges the producers were aware of their obligations to secure the licenses, indicating a deliberate attempt to avoid full payment.
In response to the lawsuit, Black Label Media, one of the producers, told Billboard that the company was “one of many investors in this film, should not have been named in the lawsuit, and looks forward to being dismissed from it promptly.”
The legal dispute underlines the complexities of music licensing in film productions. Copyright holders, like SME in this case, control the rights to reproduce and distribute musical works, and filmmakers require licenses to use those works in their productions. Sync licensing authorizes the synchronization of music with visual media, and failure to secure proper licenses can result in legal consequences.
The lawsuit follows SME’s legal action against Altice USA in December, alleging the ISP enabled widespread music piracy. In November, SME also filed a complaint against cosmetics brand OFRA for allegedly using its music in Instagram and TikTok ads without permission.
The dispute raises questions about the biopic’s future and the commercialization of Houston’s music. In December 2021, an unreleased Houston recording, discovered by Primary Wave Music and Houston’s estate, was sold as an NFT for $999,999. Primary Wave acquired a 50% stake in the Houston Estate in 2019 and purchased copyrights to several Houston hit songs over a year ago.
