Kandi Burruss Files Copyright Infringement Suit Against Kim Zolciak Over ‘Tardy for the Party’

March 14th, 2013 - By Jazmine Denise Rogers
Source: WENN

Source: WENN

If you’ve been watching Real Housewives of Atlanta for the last few seasons, you know that Kandi Burruss wrote a track entitled “Tardy for the Party,” which she allowed her co-star Kim Zolciak to record. Despite the song’s surprising popularity, in a October 2010 Bravo TV blog post, Kandi discussed never being properly compensated for the work that she put into the track.

“I hardly got anything from ‘Tardy for the Party.’ That is the truth,” Burruss wrote.

“I am not mad about it. I really blame myself because I didn’t handle my business correctly,” she continued.

During one reunion show, Kandi expressed that she no longer wished to discuss the money that Kim owed her, but she appears to have experienced a change of heart. Yesterday the 36-year-old Georgia peach filed a lawsuit with Atlanta courts against Zolciak on the grounds of copyright infringement, reports Radar Online. As if that isn’t interesting enough, we hear that Kandi’s RHOA co-star Phaedra Parks will be acting as her legal representation.

According to court documents, the lawsuit claims that Kim commercially marketed, distributed and sold the single without receiving consent or authorization from Burruss. A portion of the filed complaint reads:

“Without Plaintiffs’ authorization, license or consent, Plaintiffs’ Sound Recording embodying a performance of Plaintiffs’ Composition was commercially released as a single record… on or around, September 29, 2009 by Defendant TuneCore in agreement with Defendant Zolciak.”

“Defendants marketed and sold the Infringing Single in various formats (e.g., compact disc, downloadable audio track, DVD, etc) and through various websites, all without Plaintiffs’ license, consent or authorization.”

Burruss is seeking attorney fees, punitive damages, an “accurate accounting” of the money that Zolciak earned from the sale of “Tardy for the Party” and a jury trial. She is also requesting that a temporary freeze be immediately put on the song, preventing it from being sold or distributed and  “destruction of all copies of the Infringing Single and any other product of Defendants that infringe Plaintiffs copyrights.”

Zolciak claims that Kandi’s suit is nothing but a dirty publicity stunt.

“This is nothing short of a publicity stunt, I find this lawsuit funny yet sad. Coming after me now and this song is 4 years old? I have in fact overpaid Kandi and have documents to prove it and my legal team will handle this accordingly,” she said in an interview with Too Fab.

 

What do you think of Kandi waiting so long to take legal action against Kim?

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  • Sharon

    Why would Kandi write a song for somebody who can’t sing in the first place? I was done with her not only she wrote the song and she allowed Kim to sing it and go on tour with her.

  • http://www.facebook.com/profile.php?id=512085148 Dawn J

    Yea.. Kim’s word definitely holds up (insert sarcastic eyeroll here) she made payments on her rented house, but her a** ended up EVICTED and right back in that town house.. (sketchy) she paid Kandi, but Kandi would pursue with a lawsuit as a publicity stunt?! Please…. I’M NOT BUYING WHAT YOU’RE SELLING KIM… smh. is anything that comes out of Kim’s mouth the truth???

  • http://www.facebook.com/people/Roni-Clark/1061005160 Roni Clark

    Allowing Phaedra to represent her makes this a mockery to me. Hopefully, she gets her money though, because Kim was foul.

  • Veratta Pegram-Floyd

    I don’t even watch the show that closely but I’m not surprised to see this happening. I appreciate her patience but ultimately Kandi has to do what she has to do to get her money.

  • http://twitter.com/@Mz_Undrstd Miss_Understood

    WHAT…TOOK…SOOOOOO…LONG??? Seriously, is there some sort of statute of limitations and why now Kandi??

    • YES gAWD

      I believe she didnt expect Kim to start blatantly using the song for her show….Kandi thought that wedding show was a 1 time deal and they were still “loosely”friends and Kim was still on RHOA. After this messy exit, I think the gloves are off and Kandi is not playing with Kim to continue making money from the song…its just been brought up and used too many times to be cool at this point. If Kim wants an Entire TV SERIES using the music, she needs to pay. If Kandi owns the rights, I dont think u can Ever use someones song like that & dont believe a limitation would apply in this case. People from the 60s come back and sue artists today for infringement…I dont think u can limit if you own the papers.

  • http://www.yourtango.com/users/cheekee-baby cheekee baby

    Nene told Kandi’s simple azz from the jump street not to work with Kim but Kandi poo-pooed her advice. I bet she wish she would have listened.

  • J

    This seems to be a trend for Kim “Straight Liar” Zolciak/Berman, taking goods/service without paying for them. Good for you Kandi!

  • http://www.facebook.com/profile.php?id=1575882443 Dorinda Anne Dobbins-Barksdale

    finally!

  • http://profile.yahoo.com/UBZXQNEFRL6K6HXZ5T72GMBXKM Cheryl

    I am glad Kandi is taking action legally instead of trying to reason with the idiot.

  • http://www.facebook.com/ashlib.wilson Ashli B. Wilson

    Kandi probably waited so long because she was hoping Kim would do the right thing and pay her. Kandi got tired of waiting and went the legal route.

    • realadulttalk

      I agree. You could see their friendship was strained as a result. Kim is so used to using her body to get things that she just doesn’t understand the problem.

      • http://twitter.com/@Mz_Undrstd Miss_Understood

        yep that’s that Stripper/Escort mentality. Even if they are “retired” they can no longer see people as friends or family, everybody is a trick and the next come up

  • Melyssa

    Now’s the right time to do it.. Kim has a show coming out called Dont’ be Tardy and now that kandi is filing guess what??? they will have to change the title, the song everything now.. basically it can put her show on the backburner until these legal matters are resolved. But kandi Girll..What were you thinking hiring Shady Phaedra as your attorney?? o__O. but then again this could be hearsay because since Phaedra and kim were once acquaintances/cast members this can be a conflict of interest.. But in any case
    Get Your Coins Girll!!!!!

    • yeppers

      Exactly…Im sure this is just the first time the public is learning of the lawsuit. Im thinking as soon as the show title was announced and that trailer with the music aired Kandi was like OH heeeeeeeeell nawl. Kandi dont play about her money and her business, even making her man sign a prenup. She not about to play with Kim and allow her to continue to make money off of her work…Kim really TRIED it if she think she bout to argue and call everyone crazy to get outa this one…This is BUSINESS sweetie! Just like when that Kendra woman threw Kim outa that house and Kim expected all this preferential treatment…FOR WHAT KIM?? LOL these folks want they money for u using they services..Kim must think these black folks just fell off the back of a turnip truck somewhere.

  • That’s My Story

    If the statue of limitations has not worn out, I say go for it!!! It was Kandi’s hard work. Heck, she had to auto-tune Kim’s non-singing behind. Kandi deserves to be paid for her work. If she wants to use the song, she better pay for it!! Kim wants to be a business woman, now she must act like one. Just hope Phedera does not do Kandi like she did Sheree when she showed up unprepared for court.

  • CeCe

    Can’t stand that Kim! Poor excuse for a human!

  • yeppers

    Kim is lyin….She has not compensated Kandi, I dont believe Kandi would lie and purposely or maliciously go after anyone. She doesnt NEED any money or publicity like that, she is the ONLY one on RHOA that is an actual star outside of being on this show. SO What is Kim talking about???

    And I would sue her (Beep) too…She then goes and markets a show titled DONT BE TARDY (plays the music in the background to add insult), when she didnt even compensate her for that song it dont work like that Kim…That was probably the last straw for Kandi…Kim wont talk to them and thinks shes too good for them “black folks”, but will use Kandis hard work and writing to promote a show of her own…O OK. Pay the FK up….

  • KJ23

    About time.