Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Sony Denied Implied License for Miller Songs
The U.S. District Court for the Middle District of Tennessee confirmed its earlier ruling that Roger Miller Music and Miller's widow Mary own the renewal-term copyrights to the performer/songwriter's 1964 and post-1964 compositions, which include some of his biggest hits. Roger Miller Music Inc. v. Sony/ATV Publishing LLC, 3:04-1132. But the district court changed its previous view that Sony at least had an implied non-exclusive license to use the renewal-term copyrights.
The Tennessee federal district court in 2005 and the U.S. Court of Appeals for the Sixth Circuit in 2007 both agreed that Sony owned the renewal terms to Roger Miller's 1958-1963 songs. (The Sixth Circuit had also decided that Miller's renewal copyrights were to be divided 50% to the surviving spouse and the other 50% among the author's children. Broadcast Music Inc. v. Roger Miller Music Inc., 396 F.3d 762 (6th Cir. 2005).) But Miller died in 1992, at the end of the initial 28-year copyright term that applied to the 1964 and later songs, and thus didn't live to when the renewal term took effect on Jan. 1, 1993. On remand, the district court decided that under the federal Copyright Act, '304(a)(1)(C), the renewal terms for the post-1963 songs thus vested in Miller's heirs, rather than Sony.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.