As reported by Access Atlanta it appears that Kandi Burruss will be suing Kim Zolciak for unpaid royalties for ‘Tardy for the Party’
Talk about “Tardy for the Party.”
More than three years after the song “Tardy for the Party” became an unlikely novelty dance hit for former “Real Housewives of Atlanta” cast member Kim Zolciak, producer and current RHOA cast member Kandi Burrussis suing Zolciak for not compensating her properly for her work.
In the lawsuit filed Tuesday in the United States District Court of the Northern District of Georgia, Burruss and co-writer Rodney Richards are seeking “damages for copyright infringement due to Defendants’ unauthorized and unlawful licensing, distribution and sale of Plaintiffs’ creative works, namely a sound recording embodying a performance of a musical composition entitled ‘Tardy for the Party. ‘ ”
The song, in which Zolciak’s daughter Brielle gets songwriting credit, sold 102,000 copies, the lawsuit said.
This issue was a major plot point on the show season three, which aired in 2010 and 2011. On the show, Burruss complained that Zolciak hadn’t paid her what she was due for her work producing and co-writing the song. The conflict was addressed yet again last year during the season four reunion show though it appeared Burruss was ready to put it behind her.
“That was a learning experience, but I feel like good things have come out of me working with her,” Burruss told Bravo executive and reunion host Andy Cohen.
In past news stories, Burruss said she had been paid only a one-time $4,000 fee. According to a Hollywood Reporter story in 2011, Burruss “didn’t have an agreement in place concerning royalties but also because she handed over rights to Bravo.”
She added at the time: “I know Kim was new to the music industry so I don’t feel like she was purposely trying to wrong me. I just think she was misinformed.”
I hardly got anything from “Tardy For The Party.” That is the truth. I am not mad about it. I really blame myself, because I didn’t handle my business correctly. The back story is that when we first did the song, I had Vito (the producer that helped me with the music) talk to Kim about how we would get paid. I didn’t want to have that discussion with her because sometimes doing business can make a friendship uncomfortable. We had already signed a publishing split sheet that split the publishing (writer’s royalty) equally between myself, Vito, her daughter, and Ed (the guy who wrote the country version)…
…So when the money first came in, Kim gave me a check of a third of the money she had received at that point. Everything was cool, but then she came back to me a week later saying she was all upset because her attorney said she shouldn’t have to pay me on the overall royalties, and that she should just pay me on part of the publishing royalties. She asked me for her money back. It kind of came off like she felt I was taking advantage of her.