Sorry, Beyoncé; you just weren’t dirty enough to lose the copyright lawsuit brought against you over “XO.”
The “Single Ladies” singer has prevailed in a lawsuit brought against her by a man who claims that “XO” infringed on his own song, “XOXO,” in part because Beyoncé’s lyrics weren’t nearly as raunchy as the original.
Ahmad Javon Lane sued Beyoncé in 2014, claiming that he had given a copy of his song to one of her background singers, and that infringing elements subsequently found their way into “XO.”
But federal judge Paul A. Engelmayer saw things differently in his order, granting Beyoncé’s motion to dismiss.
Engelmayer found that the lyrics to both songs have “virtually nothing in common,” and that the theme of the lyrics are pretty far apart too.
“‘XOXO”s’ lyrics are explicitly sexual, while ‘XO’s’ are substantially more tame and metaphorical,” the judge’s order reads. “The singer in ‘XOXO’ leaves little to the imagination, describing himself as ‘horny’ and singing that his love interest’s ‘body is the promise.’ Lest the point be missed, the ‘XOXO’ singer adds that he is ‘loving all of you, every inch of you.'”
“And the invocation of romantic intimacy is considerably more subtle” in Beyonce’s song, the judge found.
The judge also ruled that there wasn’t enough musical similarity between the two songs to constitute infringement.
Pamela Chelin contributed to this report.
Jay Z, Beyonce, Justin Bieber, Ben Affleck Hit Las Vegas for Mayweather-Pacquiao Fight (Photos)
The Mayweather/Pacquiao fight, a rare Showtime-HBO co-production, drew big names from Hollywood and beyond on Saturday night.
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Ben Affleck sat with Warner Bros. CEO Kevin Tsujihara.
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Justin Bieber lost his #1 spot in Floyd's entourage to the Burger King, who trended on Twitter throughout the fight.
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Earlier in the day, the Biebs also lost his shirt. He still had a headlining role at the Hard Rock, where he sprayed the crowd with champagne, hung with Vine star King Bach, and sang his Jack U collaboration "Where are U Now" at REHAB.
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We're not sure what weight class this is.
Erik Kabik/Kabik Photo Group
Meanwhile, Bradley Cooper (+11) made his second trip to the Encore Beach Club/Surrender complex in as many months. David Guetta was impressed by his french. Coop hung backstage in Guetta's table and wore that same Eagles hat to the fight later on Saturday.
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At the main event, Diddy (with girlfriend Cassie) wasbstyled by Ilaria Urbinati for the fight.
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While Mark Wahlberg was not (styled professionally). Both Wahlberg and Diddy had official roles in promoting the fight while promoting their shared water brand (see Mark's T-shirt).
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Once (and future) "The Fighter" caught up to the next big feature fight team: "Southpaw" director Antoine Fuqua and a buff Jake Gyllenhaal.
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"Raging Bull" Robert DeNiro has Nobu and a Nobu Hotel in Vegas.
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Jay-Z's music streaming service Tidal has a record of 0-1. He has taken jabs from the public since the launch.
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Back in the day, Donald Trump used to get the big fights at his hotel in Atlantic City.
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That was around the time that Drew Barrymore was a really, really big deal.
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After the fight, Drew and husband Will Kopelman went to see Calvin Harris at Hakkasan (also inside the MGM). For Harris, it was back to back weekends, having played Omnia 8 days before.
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Liev Schreiber was the glue in this freak Showtime-HBO co-production. He stars on "Ray Donovan" and did voice over narration on an HBO behind the scenes doc leading up to the fight.
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Team Showtime filed in like a school assembly: Hugh Dancy, Claire Danes, Bridgid Coulter, and Don Cheadle
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Stephen Moyer and Anna Paquin were fighting out of the HBO corner.
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Diane Kruger and Showtime's "The Affair's" Joshua Jackson.
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Jerry Bruckheimer... what's your affiliation? Oh yeah, "The Amazing Race" and "CSI," both on CBS.
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Speaking of CBS, Les Moonves and Julie Chen sat with one of CBS' ratings gasoline suppliers: New England Patriots owner Robert Kraft.
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Arriving from the Kentucky Derby, social media thought Tom Brady looked hungover and/or "spirited."
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Bow Wow is thrilled to meet Don Cheadle.
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With so many celebs and a 12 round fight that went the distance, many blended into the crowd.
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Adrien Brody avoided coverage on the international telecast.
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...as did Nicki Minaj.
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...and Brett Ratner.
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Denzel Washington went very casual in a track suit, hanging with "Training Day" director Fuqua.
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Netflix's Ted Sarandos probably already has a lock on the SVOD window for "Southpaw" based on their deal with the Weinsteins.
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There's no disputing who "Person of Interest" actor Kevin Chapman is supporting.
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The TV announcers incorrectly identified Michael Keaton (left, with Sugar Ray Leonard) as an Oscar winner for "Birdman." The movie won. He did not.
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Nikolaj Coster-Waldau's big night is Sunday, when "Game of Thrones" airs on HBO.
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50 Cent hit the trifecta, making appearances Friday, Saturday, and Sunday around press for "Southpaw". The day after the fight he performed with Jeremih at Foxtail, the pool club at the SLS.
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Diddy is the champion of marketing. He brought a Ciroc belt to Foxtail a day earlier for a party with Sports Illustrated swimsuit models.
Angela Cripps for CÎROC Vodka
Before fight weekend, "Dangerous" producer David Guetta electrified the crowd at Encore Beach Club at the Wynn. His Saturday afternoon set had hands going up.
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Questlove and Miley Cyrus broke in the leather on the VIP couches inside the new Omnia at Caesars (the latest from the Hakkasan guys).
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"All about the Place (not Bass)" for Meghan Trainor, partying inside the Heart of Omnia, the more exclusive nook inside the new space at Caesars.
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When Bradley Cooper, Jonah Hill, and Miles Teller were in town shooting Todd Phillips' "Arms and the Dudes," they spent the night with Lil Jon at Surrender last month.
Karl Larson Photography
Las Vegas native and Imagine Dragons frontman Dan Reynolds signs a bike on the way to a Vegas Magazine event at the Four Seasons.
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Reynolds and Imagine Dragons front the spring issue of the glossy Vegas mag.
Pool season started way back in March for former "Real Hosuewife" Alexis Bellino, a regular at Encore Beach Club at the Wynn.
Encore Beach Club
Brody Jenner and William "J Dub" Lifestyle recently began a residency at TAO in Las Vegas.
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The massively popular Encore Beach Club at Night (Thursdays) is back for 2015. Major Lazer, Jermaine Dupri, Martin Solveig, Flosstradamus, and Dillon Francis are among the headliners in May and June.
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Musicians, Oscar winners and on-screen boxers including Robert DeNiro, Mark Wahlberg and Jake Gyllenhaal bring massive star wattage to Sin City
The Mayweather/Pacquiao fight, a rare Showtime-HBO co-production, drew big names from Hollywood and beyond on Saturday night.