A songwriter from the Western Pennsylvania borough of Sharon who goes by the stage name Maxamillion, has filed a federal $2.3 million copyright infringement lawsuit against Wiz Khalifa, claiming Khalifa's chart-topping hit "Black and Yellow" was derived from his own song "Pink N Yellow."
Max Gregory Warren filed the suit Dec. 30 in U.S. District Court for the Eastern District of Pennsylvania court, claiming that he wrote "Pink N Yellow" in 2007 and copyrighted it in February 2008. He is seeking a portion of profits for the song, which went to No. 1 on the charts in February 2011.
The lawsuit contends that Khalifa, co-writers Mikkel Eriksen and Tor Erik Hermansen, and producer Stargate heard his song and "engaged in a scheme to defraud plaintiff out of the fruits of his copyright." It argues that Khalifa's song is "substantially similar" to "Pink N Yellow," which can be heard here. It does not explain how Khalifa may have heard it.
Warren is represented by attorney James Cosby in Philadelphia, who said in an email that "Max has no statement at this time."
A representative at Mr. Cosby's office said Maxamillion's "Pink N Yellow" was released on "a widely circulated mixtape" by Ase & Zee called "Two Flows More Doe."
The lawsuit also names publishing company PGH Sound, EMI Music Publishing, Rostrum Records, Warner Music Group and Atlantic Recording Corporation.
Khalifa's label and management was not available for comment.
Scott Mervis: firstname.lastname@example.org or 412-263-2576. First Published January 4, 2012 9:15 PM