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IP & Media Law Updates

| 3 minute read

Court Sides with Madlib: Implied License Dooms Copyright Claim Over Lord Quas Character

Few characters in hip-hop are as distinctive as Lord Quas, the alter ego of legendary producer Madlib (Otis Jackson Jr.). But behind the music and animated persona, a legal battle was brewing. In a lawsuit filed decades after Lord Quas became a staple of Madlib’s artistic identity, artist Keith Griego claimed ownership over the character and accused Madlib of copyright infringement. Now, a federal judge has shut the case down, ruling that Madlib had a broad implied license to use the character in a decision highlighting the risks of waiting too long to enforce copyright claims.

Background: From Album Cover to Cultural Icon

In 1999, Griego created an album cover for Madlib, featuring what would later become known as Lord Quas (or Quasimoto), a distinctive, cartoonish character representing Madlib’s alter ego. Over the years, Madlib adopted Lord Quas as a key part of his artistic identity, featuring the character on album covers, in music videos, and across merchandise. He even successfully registered a trademark for the character’s image in 2023.

Griego, however, didn’t see things the same way. After registering the 1999 album cover with the U.S. Copyright Office in early 2023, he sent Madlib a cease-and-desist letter, asserting that Madlib’s use of Lord Quas was unauthorized and demanding that he withdraw the trademark application. When Madlib refused, Griego sued for copyright infringement and sought to invalidate the trademark.

The Court’s Decision: The Power of an Implied License

Griego’s case hinged on a critical copyright issue: whether the implied license he granted Madlib was limited to the original album cover or extended more broadly to the character itself.

An implied license arises when a copyright owner’s conduct suggests that they granted another party permission to use their work, even if no formal agreement exists. Courts typically infer a nonexclusive license when:

  1. A person requests a creative work.
  2. The creator delivers it.
  3. The creator intends for the requester to use it.

Here, the court found that Griego’s allegations established the existence of an implied license for Madlib to use Lord Quas—not just on the 1999 album, but in a broader capacity. The court pointed to Griego’s prolonged silence as a significant factor—despite knowing that Madlib had been using the character for over 20 years, Griego never objected until 2023.

The court also noted that in his cease-and-desist letter, Griego acknowledged feeling “gratified” that Lord Quas had been embraced but “hurt” that he hadn’t been compensated. According to the court, this contradicted Griego’s own allegations, reinforcing that Madlib’s use of Lord Quas fell within the scope of an implied license rather than exceeding any pre-existing limitation.

In short, Griego’s delay in asserting his rights weakened his case. The court ruled that the implied license was broad enough to cover Madlib’s uses, meaning there was no copyright infringement.

The Trademark Angle: A Missed Shot

In addition to the copyright claims, Griego sought to invalidate Madlib’s trademark registration for Lord Quas, arguing that the character was his intellectual property. However, the court also dismissed this claim, holding that Griego lacked standing under the Lanham Act because he had never commercially exploited the character himself.

Trademark law is based on use in commerce, not just authorship. While Griego originally created the image, he never used it to sell products or establish a brand, meaning he had no enforceable trademark rights. Since Madlib had commercially used Lord Quas for decades—on album covers, merchandise, and branding—his trademark rights were stronger. That distinction left Griego without legal grounds to challenge Madlib’s registration.

No Second Chances: The Court Denies Leave to Amend

After dismissing a complaint, courts often allow plaintiffs to revise their claims. Here, the judge denied Griego leave to amend, concluding that no additional allegations could change the outcome.

Griego had attempted to argue that he had actually granted an implied license not to Madlib personally but to the record label Stones Throw Records. However, the court rejected this, reasoning that this contradicted his prior allegations, which acknowledged Madlib’s long-standing and direct use of the character. Courts typically do not allow plaintiffs to rewrite their allegations to escape dismissal.

The case was dismissed outright with no way to amend his claims.

The Takeaway: Copyright, Licensing, and the Perils of Waiting Too Long

This case is a reminder of the power of implied licenses—and the risks of waiting too long to enforce copyright rights. When an artist creates something for another party, the context of that agreement matters. Suppose the original creator allows the work to be used openly for years without objection. In that case, courts may find they effectively granted broad permission, even if they later have second thoughts.

For creators, this case underscores why clear contracts matter. Defining the scope of use upfront—especially in collaborations—can prevent legal battles decades later.