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Bit Parts

By Stan Soocher

Oral License Upheld

The U.S. District Court for the Southern District of New York has denied a music company's motion for reconsideration of an earlier ruling that oral permission to use music tracks in the film 'Jails, Hospitals and Hiphop' on a non-exclusive basis was valid. Rawkus Entertainment LLC v. JHH Pictures Inc., 01-8804 (Feb. 13). Rawkus alleged copyright infringement on the ground that they had never given JHH written licenses to use the tracks. The district court noted, however, '[w]hatever may have been in a contract about a writing being required, it is obvious that the parties went forward to virtual completion of the agreement on a handshake. Plaintiff, having allowed this, in essence waived any requirement of a writing and appears to be in bad faith by refusing later to supply written licenses. This, as the Court sees it, excuses the requirement of what has become a merely formal confirmation in writing.'

Review Petition Denied

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