Judge André Birotte Jr. ruled on 6 November that producer Gerreaux Katana had not signed Shamar Deal’s claimed exclusive license to the beat. Deal cannot amend the lawsuit, but his lawyer intends to appeal.
A judge has dismissed Shamar Deal’s copyright lawsuit against rappers Flo Milli, Babyface Ray and 42 Dugg over a beat used in Flo Milli’s “Never Lose Me.” Judge André Birotte Jr. dismissed the claims without allowing Deal to amend them, but Deal’s lawyer says he intends to appeal.
Deal, a Baltimore-based artist, sued in 2025 after buying the beat “Youu” through Traktrain, an online marketplace for rap instrumentals. He said he paid $200 in 2019 for a 10-year exclusive license, which would have given him sole rights under the agreement.
Deal alleged that producer Gerreaux Katana later improperly licensed the beat again to Babyface Ray and 42 Dugg for their 2023 song “Ron Artest.” Flo Milli sampled that song in “Never Lose Me,” also released in 2023.
In the November 6 ruling, obtained by Billboard, Birotte found that Deal did not own the rights to “Youu” because Katana had not signed the license. The judge cited an appeals court precedent requiring the copyright holder to sign a written transfer of ownership.
Deal argued that Katana’s listing of the beat and acceptance of payment were enough to validate the license. His lawyer, Larry Zerner, also said Katana had set the price and confirmed the sale in emails, and that Deal had a contract confirming those facts. Birotte rejected the argument that the sale and payment established Deal’s exclusive rights without Katana’s signature.
Zerner said independent artists who buy beats online deserve confidence that their paid licenses will hold up. David Given, a lawyer for Babyface Ray and his distributor EMPIRE, said his clients welcomed the dismissal.
Dismissal without leave to amend means Deal cannot revise the lawsuit in that court; it does not prevent an appeal. Zerner said they disagreed with the ruling and intend to take it to the Ninth Circuit. He expressed confidence that the appeals court would agree with Deal’s position.
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