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COPYRIGHT TRANSFER/RETAINED RIGHT TO SUE
The U.S. Court of Appeals for the Fifth Circuit decided that a music publisher that assigned 50% of its song copyrights to a third party could pursue an infringement action over two of the songs ' even though the copyright assignment agreement stated it included “all claims for infringement of the copyrights whether now or hereafter existing.” In the Matter of Isbell Records Inc., 09-40343. In 2004, Alvert Music assigned a 50% interest in songs it owned to Bridgeport Music. Alvert Music had earlier sued DM Records alleging infringement of two of the compositions, “Dazzey Duks” and “Whoomp! (There It Is).” After Alvert's assignment to Bridgeport, the Eastern District of Texas granted DM Records' motion to dismiss Alvert's infringement suit on the ground that the copyrights transfer now prevented Alvert from pursuing DM Records.
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