A New York judge has ruled that DMX’s ex-wife, Tashera Simmons, cannot claim a 50% stake in the late rapper’s music catalog and other copyrights and likeness rights.
The couple divorced in 2013, years before DMX died from a heart attack. Following the hip-hop legend’s death in 2021, Simmons filed a lawsuit against his estate last year, claiming co-ownership of his music and intellectual property rights. “The estate is the sole owner of all intellectual property rights [that] Earl Simmons acquired during his marriage to the plaintiff, as well as any and all other trademarks and intellectual property rights that belonged to Earl Simmons at the time of his death,” said Judge David F. Everett, according to Billboard.
Judge Everett’s April 7 ruling settles the “intellectual property” dispute in the couple’s 2016 divorce agreement, which reportedly only granted royalty payments for Simmons.
In Simmons’ lawsuit, she claimed that the estate administrators’ dispute over her ownership stake was unwarranted. According to an excerpt from the divorce settlement, Simmons was allegedly granted 50% of intellectual property rights “which shall include, but not be limited to, royalties.” However, Judge Everett said the statement “does not unequivocally assign ownership of decedent’s copyrighted works or trademark” and fails to mention “ownership or title to such property.”
Samuel J. Ferrara, a lawyer representing Simmons, said the judge’s ruling “ignores long-standing legal principles and voids significant benefits to which Ms. Simmons and her children were and should be entitled.” His statement made clear that Simmons and her four children, who she shares with the late rapper, are beyond disappointed with the court’s decision. “It seems that the judge’s ruling does not consider the parties’ intent as evidenced by their conduct,” said Ferrara. From the perspective of DMX’s estate, an attorney said the ruling ensures the preservation of the rapper’s legacy.
In Monday’s ruling, Judge Everett did not disregard Simmons’ accusations that DMX had not paid $214,000 in child support as per the divorce agreement.
DMX’s music catalog includes top charters like “Ruff Ryders’ Anthem,” “Party Up (Up In Here),” and “What These B*tches Want.” Ashley Austin, CEO of Artist Legacy Group, a partner of DMX’s estate, promised to work alongside DMX’s daughter, Sasha Simmons, and his ex-fiancée, Desiree Lindstrom, to protect his rights.
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