Phaedra Parks will represent Kandi in her suit over "Tardy for the Party."

on Mar 14, 2013 - The Dish0

Well this turn of events should make for an interesting reunion show: Kandi Burruss has filed a lawsuit against Kim Zolciak. Over what you ask?

You guessed it... "Tardy for the Party."

According to Radar Online, Kandi, who co-wrote the song, is suing for copyright infringement. The lawsuit, which was filed in Atlanta on March 12th, accuses Kim of not showing her the money. The other co-writer, Rodney Richard, has also filed a lawsuit against Kim.

The court documents state, “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.”

The suit also seeks an accurate account of how much money the song has made, a restraining order against future sales, and a request for the“destruction of all copies of the Infringing Single and any other product of Defendants that infringe Plaintiffs copyrights.”

All this legal drama shouldn’t really surprise us. The tiff has been featured on the show, in reunions, and more since 2010.

Oh, and guess who’s repping Kandi in court? You guessed right again -- Phaedra Parks! Who’s guessing this is going to be the most explosive reunion show ever?

Until then, we'll focus on Ms. Kenya Moore's drama this Sunday at 8/7c. Here's a sneak:

68 comments
MissMarvelous
MissMarvelous

Kandi might as well let Kim have it! Kandi you have over millions millions of dollars. Who give a whack about what Kim will do with Tardy for the Party! Its not going to make any more money! I really do not care particulary for the song! I will not buy it so let it be! You are wasting your Time! It is what it is and MOVE ON. Its petty!

thecat
thecat

Good for you Kandi, Kim is such a narcisist .. did she ever thank you or offer you one dime for that cute song sung with that fingernail on a chalkboard voice of hers.  I was really hoping we had seen the end of Kim .. now a new show !!   After watching, her crazy parents, no wonder she is a nutcase.  I feel sorry for Kroy's family .. they must be so humiliated !! 

DDragon107
DDragon107

Of course Phaedra will represent her!!! She won't miss a thing of that drama and to have the opportunity to mind other person's business... Kandi needs to get a life, focus on her new show and the businesses she has going on and make sure her boyfriend gives her a ring!

mcdondon23
mcdondon23

Kandi,

You are my favorite Atlanta housewife, however, sometimes it is best to "let sleeping dogs lay". 

KatKreations
KatKreations

I am glad to see Kandi suing Kim.  I think Kim thinks she is above everyone else and she is isn't.  I have always wondered what Kroy's family thinks of Kim and her foul mouth.  I realize it is just TV but Kim is a bit out there.   Phaedra will take care of Kandi and make sure she wins her case.    I don't like how Kim treated her parents so if she will treat her own parents wrong - she will wrong her friends.  Just saying! 

mrsd@13
mrsd@13

Good for you  Kandi! Kim acts like a spoiled brat at times. Respect baby!

fluffy65
fluffy65

O.K. slimy Kim, it's time to give up the kash.

SunShyne_in_Florida
SunShyne_in_Florida

SMH.  I cannot stand Kim because she is insane.  Nonetheless, Kim has nothing to worry about because Phaedra is representing Kandi. 

 

Last season, Sheree's ex-husband, Bob, a pro-se litigant, ambushed Phaedra in court. LOL.  Phaedra left with her mouth open, and she is probably still trying to figure out how Bob, a non-attorney, won his petition to the court. 

 

Phaedra is a not a good attorney, and thus far, she has not proven to be good at anything worth mentioning, which includes lying to and on people.

lynda.drummings
lynda.drummings

If I was Kim, I would just give Kandi what she is asking to avoid the embarrassing public humiliation she is about to receive. Kim should know that you can't do people the way she did Kandi. The work Kandi put into that song to make it what it is today, is amazing. Kim, pay her. She deserves it and that is all I have to say. Good job Kandi!!!  Its been a long time coming.

shcm57@aol.com
shcm57@aol.com

Good for your Kandi!  You should  have sued from the beginning!  Kim thinks she can just do whatever she wants.  If It hadn't been for you, she would not have had s**t!  EVERYBODY knows that Kim can't sing! Kim needs to pay up!

 

nika76
nika76

Let us not forget this legal issue has been on going. If you remember Kandi's attorney's try to settle this issue with Kim and her attorney's before. Watch one of the past episodes Kandi discussed with Kim to not confront her about the issue but to allow the attorney's to work things out so that the friendship would not be damaged. Obviously, that did not happend and hear we are. Sometimes with these issues it takes time because you have to gather all the paperwork to support the lawsuit which could explain the reasoning for the timing.

Really.
Really.

Kim is a USER, plain and simple! I hope they teach her a lesson and hit her where it hurts her most---her pocketbook. It's about time!

dlmccu
dlmccu

I find it amazing that everyone is blaming Phaedra for the late filing of  Kandi's lawsuit as it pertains to any (if they exist) time limitations...How do we know when Kandi asked Phaedra to be her attorney- we don't! I am sure that Kandi didn't reach her status in the music world by by being ignorant to the fact- meaning that I am sure she didn''t give kim permission to sale and distribute the song to whomever she wants. But then that's kim's MO- use whomever you can to get what you want. Kandi should have sued her from the start...

LilMisHousewife
LilMisHousewife

kim was new to the music business and was becoming close friends with kandi when she wanted to sing a song with kandi,so as long as kandi  was upfront with her in the beginning about how everything works financially speaking,and had kim sign some type of contract stating their business deal so ther wouldnt be confusion between what is business and what is personal meaning  she wasnt doing  it as a personal favor between good friends together who were just hanging out spending time together while doing a song ¬ expecting great $ or success to come outve it,but were upfront &forward about sessions and business agreement together instead..so if kandi and kim went through evrything upfront then yes kim is breaking agreement and kandi is owed wat was promised to her.

HappyWorkingMom
HappyWorkingMom

Everybody knows that the statue of limitation for copyright infringement is 3 years. But if Pheadra was worth her salt she would have advised Kandi to sue earlier and to NOT for her toask Kim to perform the song with her!!! Didn't Kandi get up on stage at one point and perform the song with Kim??? Silliness! Copyright infringement claims have a three-year statute of limitations from the “last act” of the infringement.  When is the last time Kim got paid? I am not a lawyer but I did have to take law classes for my CPA.

didi33
didi33

what took you so long kandi this is so over due sue her to the knuckles (kim wants to live this so calle charmed life )that cost money

tracy.tootsie
tracy.tootsie

kim needs to  PAY  WHAT IS DUE TO KANDI and the other guy i had to set up this account just to leave this message now how do i delete it lollol i thought she wanted to sing country L M A O even though i have watch most of the show already  they have only just began showing it in london from the very  beginning . KANDI alright  4 real  keep doing what your doing as they woud say in  U S A u go girl it does not sound the same when i say it in a english accent lol

Neszoe
Neszoe

Kandi should be sueing herself. This is not a game and she was the one who offered Kim the song, promoted it, and DID NOT GET A CONTRACT. Kim didnt steal anything from her. Kandi was with Kim on the tour and Kim openned for Kandi. Good luck with your suit. Maybe this will teach Kadi to leave the silly gossiping Phakdra alone after you lose this one the way she lost with Shreea. lol lol lol 

penneyone
penneyone

My two cents, I like Kandi and Kim. This is sad turn-of events......

Taj_Marie
Taj_Marie

It is about time Kandi checks Kim !!  Better late than never.

Nikki2389
Nikki2389

Kandi and the guy who originally wrote the song is suing her!!! Good for them. Now I wonder if the lady that rented out her house to Kim will sue her for not getting her money either. Who goes through life just thinking that people are going to work for them for free?!

vonzie
vonzie

I think that Kandi waited because NeNe told her the truth about Kim. Kandi did not want to deal with the facts then and she has had a lot of time to think about it. It being how Kim screwed her over the money for the song.

catherine.kutsuris
catherine.kutsuris

So glad to hear that Kandi is going after Kim for the money she rightly deserves, Kandi if your expertise wasn't put into that recording it would never have made it past Kim singing (or whatever you want to call it) it in the shower......I love Kandi she is thee classiest, down to earth girl on the show, not to mention the prettiest.  Good Luck Kandi  I'm always rooting for you

ybarksdale
ybarksdale

Kim is a user!! She warned to be friends with Kandi to get a song!! And NeNe was the one that talked her into the song and Kandi did the rest!!! She is reaping what she has done!! A user and a lier!!! Go Kandi!!

msjeff
msjeff

Good and I hope she gets damages to for Kim's lying.

realworkwife24-7
realworkwife24-7

Get your money Kandi, Kim is a lying, mooching, stealing, did I mention lying son of a gun. Never trust anyone with your baby name!!!! I too learned this lesson the hard way!!

k217
k217

what took her so long?

penny.howard.33
penny.howard.33

Well how does anyone with any sense use someone's song in the ways they describe above and not have permission to do so. I mean are they idiots? I don't believe Kim did anything without consulting an attorney she would be a fool not to. This is why you don't do business with so called friends. Kandi don't need the money neither does Kim, but this is a vendetta happening here for some reason hmmmmm I wonder what that is? Guess we'll have to wait and find out at the reunion;-)

LilMissLadyBUG82
LilMissLadyBUG82

Hello if you google rodney richard, that's the old man who wrote the song. he's also filing a lawsuit.

LaJuedaLoca
LaJuedaLoca

I'm with Pattym302 what happened to the ORIGINAL guy who wrote the original idea to the song???  If they're gonna sue Kim they better find that guy and get him on their side!

Pattym302
Pattym302

What happened to the piano teacher who recorded the song...early on there was a scene where Nene and Kim were listening to some recordings of songs this guys made and her and Nene were saying how the rest were no good, but the tardy for the party one had potential and we saw Nene singing it..now she says her daughter wrote the lyrics...can someone dig up that scene of the real housewives?

Swanie
Swanie

I wonder why Kandi waited this long to sue Kim. It may be due to the fact that Kandi says that Kim stole the name Kash from her and she (Kandi) is mad and decided to get back at Kim by suing her over royalties. This is just more drama that will be on the reunion show. Oh boy.....

arecibo
arecibo

 @thecat i agree with u 100%, kandi u r my fav, and kim thinks she can do whatever she pleases, my question is why are they giving her her own show, she is a nobody, i don't want to see her anymore nobody does.

DawnaJamison
DawnaJamison

 @shcm57@aol.com

 Kim can't sing, if it wasn't for Kandi doing all the voices overs this song wouldn't made a penny

NYAngel1
NYAngel1

 @nika76 What happened to that attorney? Why is she gambling using Phedra. Better watch out!

leftonthird3
leftonthird3

 @HappyWorkingMom If you don't have all the facts on the case is it fair to make a judgement (silliness)? If Kim was any kind of friend to Kandi there wouldn't even be a case. We all know that Kim can't sing and Kandi and her crew did some amazing technical work to make the single a success. Kandi should be paid for her professional services without a doubt!

Swanie
Swanie

No, the statue of limitations doesn't apply to this. A matter of infringements when it comes to music and writings falls under a different umbrella. There is no 3 year statue of limitations. Come on now, if Phaedra doesn't know the legalities of music and writing, she shouldn't be an entertainment lawyer.

girlshaw09
girlshaw09

 @Neszoe

 Phaedra was blind sided by Sheree's silly ex-husband.  He was supposed to copy whatever document he presented in court that day to the opposing attorney.  Sheree and her ex are both flaw!

girlshaw09
girlshaw09

 @belleLA

 I agree.  I just hope Kim doesn't mess over Kroy.  He's a good man, but she's not all that upright in her dealings with people. 

realworkwife24-7
realworkwife24-7

@penny.howard.33 that's the problem, Kim doesn't have any sense!

Pattym302
Pattym302

 @LilMissLadyBUG82 I just found out that Rodney Richards is Don Vito's real name, so it's not the piano teacher....this is such a wierd story....i wish bravo would put up a video of that scene with her and Nene listening to the piano teacher's song...one of them definitely was tardy for the party sung as a ballad.

Pattym302
Pattym302

 @LaJuedaLoca I agree. I remember thinking it pretty icky that she has put that burden on her daughter saying she wrote it, unless that whole recording scene with the piano teacher was staged, which I don't think it was, as it was early in the first season before everyone started acting and getting egos. She did say in a blog or interview that her daughter wrote the song originally long after that episode aired. It's one thing to lie about yourself, but to bring in your family?

amygamb
amygamb

 @Pattym302 I agree Patty! Kandi may have jazzed up the single but the piano teacher actually wrote the song.

loobydoob
loobydoob

 @Pattym302  I thought that as well but theyv just started showin it from the beginning here (uk) and it wasnt tardy for the party it was a song called tightrope that they were listening to and that was what Kim first sang

DDM
DDM

 @Swanie  Just because you are just now finding out about it doesn't mean this is a new lawsuit.  More than likely Kandi started this a year or more ago.  Lawsuits and other types of court cases take a long time especially if investigations are involved.

Neszoe
Neszoe

@girlshaw09 @Neszoe Lol Lol Lol, everybody knows that you are required by law to show the opposing side what you have in court....(no pun intended). The judge knows even better than the plaintive, therefore if there were any mis-steps taken the judge would have instructed the defendant to show what he has and made an allowance for Miss Phakdra to respond. But that is not exactly how it went. Sheree mouthed off her intention before she went to Miss Phakdra. Miss Phakdra didn't prepare for any and all contengencies. So Miss Phakdra's only avenue was to file an appeal. She lost in orther words. And you see Miss Phakdra is hard at work trying to find another gig...ASAP. LOL she is funny as well as ugly. But i guess she wont be the first to become famous from her only "ass...et ". As for Kandi, she will not win this case. There is footage showing that she partnered with Kim. She had NO CONTRACT...she offered to help Kim...case closed.

Pattym302
Pattym302

 @loobydoob  @Pattym302 Oh, gosh..I wish I didn't remember so much but I do...darn it...tightrope was the song she tried to do with that Dallas guy...this was way early in the first season before her and Nene were on the outs...they went upstairs and she put on a recorder and Nene said she thought out of all the songs on the tape, the tardy for the party was a possibility...he sang the song like a ballad...not at all like Kandi vamped it into.

 

Swanie
Swanie

The lawsuit is new, as it was filed a day before filming the reunion show. O.K.?

Turtlemom
Turtlemom

@Neszoe Kandi will win the suit. Phaedra had to run all over town to get money from Sheree (the looser). Phaedra had to be on a retainer before she could do any thing in court on Sheree's behalf. There was like 10 minutes to handle everything.

Neszoe
Neszoe

@belleLA @amygamb @Pattym302 So what all of you are saying is that Kandi and Kim have are liable...well, well, well...That would make Kandi a user as well.

penneyone
penneyone

Swanie you're right it is over royalties and things like that. Kim's spin-off show Don't Be Tardy For The Party uses that song as the theme song and they do want royalities from that. Bravo eve delayed the start date of Kim's show like a week because of that. Kandi's show will air on the date they planned. I just read all this today.    Sorry I forgot the n on even....Lol......