Under Texas law, stealing an artist's unreleased recordings and selling them can be prosecuted as theft of trade secrets, a felony aimed at protecting proprietary creative and business material that has not been made public. That question is at the center of a federal case in Detroit involving a former employee accused of stealing and selling unreleased music by the rapper Eminem.
According to reporting on the case, Joseph Strange, 48, of Holly, Michigan, worked for Eminem, whose legal name is Marshall Mathers, from 2007 until he was let go in 2021, and is expected to plead guilty to one count of criminal copyright infringement in federal court in Detroit before U.S. District Judge Brandy McMillion. Prosecutors alleged that Strange took computer hard drives from Eminem's Ferndale studio that contained unreleased music, then sold that music online, with one buyer reportedly sending about $50,000 in Bitcoin over roughly six months. Investigators say a member of the artist's staff alerted the FBI in January 2025 after finding unreleased tracks online, and a search of Strange's home recovered the hard drives, copies of the music, and handwritten lyric sheets. Under the anticipated agreement, prosecutors would drop a more serious interstate-transportation-of-stolen-goods charge, and the plea is scheduled for October 22. Because that conduct maps onto Texas statutes, L & L Law Group, PLLC explains how a defendant in Frisco or the wider DFW area would face similar allegations. The charges are accusations, the plea has not yet been entered, and the defendant is presumed innocent.
Is Stealing Unreleased Music a Crime in Texas?
Yes, taking and selling an artist's unreleased recordings can be a crime in Texas, and one of the closest fits is theft of trade secrets. Under Section 31.05 of the Penal Code, a person commits an offense if, without the owner's consent, they knowingly steal, copy, or communicate a trade secret, which is defined broadly to include the whole or any part of scientific, technical, business, or creative information that has value and is not publicly available. Unreleased songs kept private on a studio's hard drives can qualify because they have commercial value and have not been disclosed to the public. Theft of trade secrets under this statute is a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.
Why Does the Employment Relationship Matter?
The employment relationship matters because Texas law treats theft more harshly when the property is taken by someone in a position of trust. Under Section 31.03, ordinary theft is graded by value, but subsection (f) increases the penalty by one category when the person was a public servant, a fiduciary, or an employee who obtained the property because of that trusted relationship. A former staff member entrusted with protecting an artist's creative work and studio materials would fall squarely within that enhancement. That means what might otherwise be a mid-level theft can be bumped up a felony level based solely on the breach of trust.
What Other Texas Charges Could Apply?
Several other charges could apply to conduct like this in Texas. Accessing the computers, drives, or systems that hold the files without the owner's effective consent can support a charge of breach of computer security under Section 33.02. Taking the physical hard drives and the recordings on them supports ordinary theft under Section 31.03, graded by value, and selling stolen property can implicate theft or fencing provisions. Where the proceeds are moved through cryptocurrency or other channels to disguise their origin, money-laundering exposure under Section 34.02 can also follow.
How Serious Are These Charges in Frisco Courts?
These charges are treated seriously in Texas courts, and a defendant in the Frisco area, in Collin County, could face multiple felony counts at once. Theft of trade secrets is a felony regardless of the dollar amount, and when combined with a value-based theft charge, a position-of-trust enhancement, and computer-security or money-laundering counts, the potential exposure grows quickly. Courts view the betrayal of a trusted employment relationship and the sale of valuable proprietary work as aggravating factors, and restitution to the owner for the harm caused is typically a central issue in resolving the case.
What Defenses Might Apply in a Texas Case?
A strong defense begins with consent, ownership, and knowledge. Theft of trade secrets requires that the material actually qualify as a protected trade secret and that the defendant acted without the owner's consent, so a defense may test whether the information was truly confidential, whether the person had authorization to possess it, and whether they knew it was proprietary. Questions of valuation, of who actually distributed the material, and of whether the state can tie specific sales to a specific defendant are often central. Counsel can also scrutinize how any digital evidence and search warrants were obtained to ensure the client's rights were protected.
How L&L Law Group Can Help
Cases involving stolen digital files, trade secrets, and trusted-employee allegations turn on fine questions of consent, ownership, valuation, and intent, which makes early legal guidance essential. L & L Law Group, PLLC represents clients across Frisco and the DFW area in theft, trade-secret, computer-crime, and white-collar matters, working to test how the state characterizes and values the property, challenge position-of-trust enhancements, scrutinize digital evidence, and protect a client's rights at every stage. If you or someone you know is facing an investigation or charges involving proprietary files, workplace data, or intellectual property, contact L & L Law Group, PLLC to discuss your options.
Frequently Asked Questions
Can unreleased songs be a trade secret in Texas? Yes. Under Section 31.05, a trade secret includes creative or business information with value that is not publicly available, and unreleased recordings kept private can qualify.
Does being a former employee make the charge worse? It can. Under Section 31.03(f), theft is bumped up one penalty category when the property is taken by an employee or fiduciary who obtained it through a position of trust.
Is theft of trade secrets a felony even if the value is low? Yes. Section 31.05 makes theft of trade secrets a third-degree felony regardless of the dollar amount involved.
Reporting this commentary is based on:
The Detroit News — Eminem leaked tracks case nears plea deal in Detroit court
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