Bit Parts

The U.S. District Court for the Southern District of New York granted a motion, under Rule 12(c) of the Federal Rules of Civil Procedure, to dismiss on the pleadings a copyright infringement suit against Sanctuary Records (SRGL) over the label's release in Europe of a CD box set containing the U.S. plaintiff's song. Roberts v. Keith, 04 CV 10079(LAP). In 1978, songwriter Mark Roberts sent three songs, including “Baby Let's Talk Now, Dance Later,” to Tommy Keith, who produced R&B vocal group the Moments. Roberts claimed Keith planned to use the songs on Keith's solo album but never did. Roberts learned in 2003 from BMI.com that Keith listed himself, not Roberts, as author of the songs. In 2004, Roberts sued over the release of The Sugar Hill Records Story CD box set that included the 1980 track “Baby Let's Rap Now, Dance a Little Later” by former Moments member Harry Ray recording as the Moments. Chief Judge Loretta A. Preska noted: “Here, the [c]omplaint falls short of making any clear allegation that SRGL engaged in infringing activity in the United States. ' [T]he only specific allegations concerning SRGL, or its record labels Castle and Sequel, are that they re-released the album, Sugarhill Street Soul, in the United Kingdom and Europe. ' First, paragraph 37 [of Roberts' complaint] makes only the general allegation that [d]efendant Sequel engages in the business of reissuing catalogue materials in the United Kingdom and the United States. The paragraph does not allege that Sequel re-issued the specific copyrighted material that is the subject matter of this lawsuit in the United States.”