[Guest post] Growing storm warnings and confused collaboration timelines, Missy Elliott settles SISTA-related drama with Terry Williams

The IPKat has received and is pleased to host the following post by Katfriend Georgia Jenkins (University of Liverpool), on the recent joint authorship dispute between Missy Elliot and Terry Williams and its ‘happy ending’ through a settlement agreement. Here’s what Georgia writes:

Growing storm warnings and confused collaboration timelines, Missy Elliott settles SISTA-related drama with Terry Williams

by Georgia Jenkins

Missy Elliott (the artist)

Long before the world knew of the lyrical prowess and creative force of Missy ‘Misdemeanour’ Elliott, Melissa Arnette Elliott was part of an R&B musical group called SISTA that released one album in 1994, ‘4 All the Sistas Around Da World’. It had limited success, and was later shelved alongside other 1990s fads (remember baggy jeans and bucket hats). But like the cyclical nature of fashion, the album was soon rediscovered by a whole new generation of listeners in 2017 via its release on streaming platforms.

While this Katfriend hoped that some 90s fads (namely, the mullet) were also shelved, the SISTA songs’ rerelease provides a timely lens to reconsider co-authorship claims against new technological forms of music distribution. In 2018, Terry Williams, an early collaborator of Elliot and producer, commenced proceedings against Elliot, inter alia, for a declaratory judgment of copyright co-ownership. Williams argued that both the SISTA album and a musical collaboration with Aaliyah, the iconic ‘Heartbroken’, were derivative works of unpublished songs co-created by himself and Elliott. According to Williams, the lack of royalties and accreditation amounted to Elliott repudiating his co-author status.

Elliott responded that the long gap between the publication of the derivative works and the complaint exhausted Williams’ co-ownership claim as it would be barred by the three-year statute of limitations. To overcome this restriction, Williams must demonstrate that he exercised due diligence and was unaware of Elliott’s repudiatory activity. Williams argued that he became aware of Heartbroken and the SISTA songs in 2017 because he withdrew himself from the music industry in 1996, only following the musical career of Prince. This argument was unsuccessful in relation to ‘Heartbroken’, given its global publication and widespread success. The District Court quoted Goldberg to reiterate the superficiality of the claim:

It is unreasonable for a ‘successful song writer and producer’ … to commence a Yoga path only to reemerge from electronic isolation twenty years later and thereafter commence suit for copyright infringement.

This proved more difficult in relation to the SISTA songs given their successful 2017 rerelease, despite Elliott arguing that copyright registration is a sufficient storm warning. As both Williams and Elliott moved for summary judgement, much of this opinion subsequently hinges on whether confusion over their creative collaboration timeline requires a trial because a genuine issue of material fact arises. Williams argued that he worked with Elliott between 1993 and 1996, contributing a combination of lyrics, harmonies, music and melodies to the unpublished songs. Elliott strictly maintained that she met him after the production of ‘4 All Da Sistas in the World’ but later testified that she worked with him a year before the album was released in 1993.

This being the US, it is of course a trial by jury. However, minutes before the thirty-eight possible jurors filed into the court room, during a side bar with the judge, Williams and Elliott settled. Later Elliott’s lawyer commented to Billboard that, “No money was paid in connection with any of Terry William’s claims, the last remnants of which were dismissed”. Further, that:

[A] small sum was paid to purchase beats created by Williams that were used in songs otherwise created and owned by Elliott. Focus was directed by her lawyer to Billboard to “Missy’s writings in her notebooks [that] were returned back to her […] along with all her music that he had in storage."

Missy Elliott (the Kat)

We will never know the extent that Williams played a hand in the development of Elliott’s sound that, allegedly, heavily influenced her later works as a solo artist. Some speculate that Elliott settled to avoid a public trial that could damage her legendary rap status, particularly given a recent interview where Elliott claims that she has 6-albums worth of unpublished material alongside a global tour in 2024.

Comment

More generally, re-releases of older music via streaming platforms have become more prevalent, whether shelved material or new remastered recordings. It forms part of a broader context where streaming dominates music distribution and large catalogues with 'proven hits with a steady listenership are most valuable'. The 2017 rerelease of SISTA songs builds upon Elliott’s powerhouse catalogue which, alongside datafication of user behaviour, increasing its value. Indeed, the only reasons Williams initially contacted Elliott’s lawyers was to sell his rights to the unpublished songs.

Against all odds, particularly as Williams eventually represented himself when his attorney withdrew, Williams struck a deal that, to his mind, reflected the value of this contribution set against the value of Elliott’s catalogue.

Flip it or reverse it, it turns out solo working it (out in court) is worth it, even against hip hop icon Missy Elliott.