Fat Joe’s legal battle over the rights to his 2016 smash hit “All The Way Up” isn’t going anywhere anytime soon.
A judge refused to dismiss key copyright claims brought by Eric “Fly Havana” Elliott, the Miami-based songwriter who insists he co-created the track but never got his fair share.
The latest ruling means Fly Havana’s fight for recognition—and royalties—will continue, keeping the pressure on Fat Joe, French Montana, and their co-defendants.
A judge dismissed several state law claims but kept Fly Havana’s copyright case alive, signaling that the court sees enough merit in his claims to warrant further examination.
Fly Havana alleges that in late 2015, he and producer Shandel “Infared” Green laid the foundation for “All The Way Up” during a four-to-five-hour studio session in Miami.
He claims he wrote lyrics, crafted the melody, and coined the song’s now-iconic hook. He also asserts that he willingly allowed the track to be shopped to Fat Joe and French Montana, believing it would be a collaborative effort.
However, when the final version dropped in March 2016, Fly Havana’s name was nowhere to be found on the credits—or the royalties. He confronted Fat Joe, who allegedly acknowledged Elliott’s work and promised to compensate him.
Fly Havana signed a “piece of paper” but later argued that it was not a full rights transfer—and neither party has been able to locate a signed copy of the document.
Fat Joe and co-defendants Remy Ma, Warner Chappell Music, Universal Music Group, Roc Nation and others maintain that Fly Havana has no legal claim over the song.
They argue that he does not qualify as a co-author under copyright law even if his allegations are true.
Initially filed in 2019, the lawsuit hit a turning point when the Second Circuit Court of Appeals overturned a 2022 ruling that dismissed Fly Havana’s claims due to the missing contract.
That decision revived his case, allowing him to pursue co-authorship and ownership rights under the Copyright Act.
This latest ruling from Judge Naomi Reice Buchwald represents another win for Fly Havana. While the court dismissed his state law claims for fraud, unjust enrichment, negligence, and conversion, the copyright claims remain intact.
The ruling suggests Fly Havana has presented enough evidence to at least argue that he contributed significantly to the song’s creation.
If Fly Havana proves co-authorship, he could be entitled to a share of the song’s royalties, which have stacked up over the years. “All The Way Up” was a massive hit, going triple platinum, earning Grammy nominations, and attracting remixes from artists like Jay-Z and David Guetta.
For now, the case moves into discovery, where both sides will be forced to dig up contracts, communications, and any other evidence that could prove—or disprove—Elliott’s claims.
The missing IHOP contract and the payment will be the primary focus of upcoming hearings, said Judge Naomi Reice Buchwald in her ruling.
