DMX's Ex-Wife Denied 50% Stake in Rapper's Music Catalog, Judge Rules She Waived Rights in Divorce Settlement
Thu,10 Apr 2025 16:10:00
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Tashera Simmons, the ex-wife of late rap icon DMX , has been denied a 50% claim over the rapper's music catalog and rights to his intellectual property after a New York judge ruled that the couple's marriage was not a joint earning partnership.
The April 7, 2025, ruling is over a lawsuit that Simmons brought against the estate of her late ex-husband in 2023, nearly four years after DMX's 2021 death, over the rights to her late ex-husband's copyrights, trademarks, and rights of publicity.
The case is linked to DMX's divorce settlement with Simmons in 2016.
Per AllHipHop , the deal referenced "intellectual property," but neither Simmons nor DMX was ratified or granted co-ownership of DMX's intellectual property. The rapper's estate still holds those rights — including his music catalog and trademarks, according to District Judge David F. Everett's ruling.
The suit was filed last year by Simmons, who was married to DMX for 16 years and claimed she was entitled to 50% of the intellectual property rights according to a handwritten note in their divorce settlement. The note said that she would receive 50% of IP rights, including, but not limited to, royalties.
The judge said the settlement was ambiguous and there was no proof that DMX's copyrights or trademarks had been transferred to Simmons and clarified that the term "intellectual property rights" applied only to "royalties and not ownership."
"The settlement does not confer ownership," the judge wrote in his decision. "Plaintiff's interpretation of the phrase 'intellectual property rights' to include ownership is unsupported by the document's language."
Judge Everett said Simmons previously raised similar issues in earlier litigation and signed a settlement agreement that made no mention of co-ownership. He ruled that it would be inappropriate to revisit those proceedings, particularly given that DMX, the person best positioned to contest the interpretation, is now deceased.
The judge ruled, "Under the circumstances of this case, the court will not reopen those proceedings."
Although the ruling was a setback to Simmons' allegations, the court supported her on one other issue. The judge threw out DMX's request to dismiss her claims that he broke their divorce terms by not making $214,000 worth of child support payments. Both parties dispute the facts around the payments, so this remains unresolved.
Samuel J. Ferrara, chief attorney for Simmons, reacted with disappointment to the ruling. In a statement to Billboard , he added, "We disagree with the court's interpretation of the document and feel that it overlooks the parties' original intent."
Ferrara also noted that they were exploring an appeal, saying, "Ms. Simmons and her children are disappointed, and we are reviewing all options."
However, Lisa M. Capone, the attorney for DMX's estate, viewed this a different way and said the ruling also protects the rapper's legacy. Capone said in a statement, " The ruling ensures the protection of DMX's rights and intellectual property."
In 2024, Ashley Austin, the new CEO of the Artist Legacy Group, which partnered with DMX's estate, reiterated this feeling, saying the ruling was a "pivotal step" in protecting the rapper's legacy. Austin said, "We remain committed to supporting Desiree, Sasha, and the entire Simmons family in protecting his rights and ensuring his legacy lives on."
The April 7, 2025, ruling is over a lawsuit that Simmons brought against the estate of her late ex-husband in 2023, nearly four years after DMX's 2021 death, over the rights to her late ex-husband's copyrights, trademarks, and rights of publicity.
The case is linked to DMX's divorce settlement with Simmons in 2016.
Per AllHipHop , the deal referenced "intellectual property," but neither Simmons nor DMX was ratified or granted co-ownership of DMX's intellectual property. The rapper's estate still holds those rights — including his music catalog and trademarks, according to District Judge David F. Everett's ruling.
The suit was filed last year by Simmons, who was married to DMX for 16 years and claimed she was entitled to 50% of the intellectual property rights according to a handwritten note in their divorce settlement. The note said that she would receive 50% of IP rights, including, but not limited to, royalties.
The judge said the settlement was ambiguous and there was no proof that DMX's copyrights or trademarks had been transferred to Simmons and clarified that the term "intellectual property rights" applied only to "royalties and not ownership."
"The settlement does not confer ownership," the judge wrote in his decision. "Plaintiff's interpretation of the phrase 'intellectual property rights' to include ownership is unsupported by the document's language."
Judge Everett said Simmons previously raised similar issues in earlier litigation and signed a settlement agreement that made no mention of co-ownership. He ruled that it would be inappropriate to revisit those proceedings, particularly given that DMX, the person best positioned to contest the interpretation, is now deceased.
The judge ruled, "Under the circumstances of this case, the court will not reopen those proceedings."
Although the ruling was a setback to Simmons' allegations, the court supported her on one other issue. The judge threw out DMX's request to dismiss her claims that he broke their divorce terms by not making $214,000 worth of child support payments. Both parties dispute the facts around the payments, so this remains unresolved.
Samuel J. Ferrara, chief attorney for Simmons, reacted with disappointment to the ruling. In a statement to Billboard , he added, "We disagree with the court's interpretation of the document and feel that it overlooks the parties' original intent."
Ferrara also noted that they were exploring an appeal, saying, "Ms. Simmons and her children are disappointed, and we are reviewing all options."
However, Lisa M. Capone, the attorney for DMX's estate, viewed this a different way and said the ruling also protects the rapper's legacy. Capone said in a statement, " The ruling ensures the protection of DMX's rights and intellectual property."
In 2024, Ashley Austin, the new CEO of the Artist Legacy Group, which partnered with DMX's estate, reiterated this feeling, saying the ruling was a "pivotal step" in protecting the rapper's legacy. Austin said, "We remain committed to supporting Desiree, Sasha, and the entire Simmons family in protecting his rights and ensuring his legacy lives on."
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