A federal judge says Missy Elliott must face trial in a lawsuit filed by a man who claims to have co-written several of her decades-old songs, though the judge dismissed allegations over one particular song released by Aaliyah.
In a ruling Tuesday (Aug. 27), Judge Nitza I. Quiñones Alejandro refused to dismiss a lawsuit filed by Terry Williams, who claims he and Elliott collaborated on numerous songs in the 1990s but that she refused to credit him as a co-writer.
For four of the five allegedly co-written songs — tracks released by her 1990s R&B group Sista — Elliott’s attorneys argued that she did not even meet Williams until after the songs had been produced. But Williams disputes that point, and the judge said a jury would have to decide who was right.
“Considering these conflicting arguments and evidence, a genuine issue of material fact exists as to whether Williams and Elliott were working together at the time of the production of the SISTA album … and whether Williams’ contributions to the Unpublished Songs were used on derivative songs released on the album,” Judge Alejandro wrote.
However, the judge did toss out one of Williams’ key allegations: that he and Elliott had co-written “Heartbroken,” a 1996 track released by the late Aaliyah. The judge ruled Williams had known for decades that he had not been credited on the track but waited until 2018 to sue — meaning his efforts to sue over the song are barred by the statute of limitations.
“Considering the success of Aaliyah’s One in a Million album, on which ‘Heartbroken’ was released, and Williams’ work in the music industry after the album’s release, including with Elliott, a reasonable person in Williams’ position would have been on notice of the use of his unpublished song in the purportedly derivative song Heartbroken by Aaliyah,” Judge Alejandro wrote.
Monday’s ruling does not mean Williams has won his lawsuit. The decision, which largely rejected Elliott’s motion for so-called summary judgment, leaves the case headed toward a trial, where Williams will need to prove his allegations in front of a jury.
Neither side immediately returned requests for comment on Wednesday.