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Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs

By Michael I. Rudell and Neil J. Rosini
February 01, 2012

To complement our recent article on the termination of rights under copyright in sound recordings (see, “Issues in Terminating Copyright Grants in Sound Recordings,” Entertainment Law & Finance, Dec. 2011, p.3, http://bit.ly/zfd5JA), we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute. Scorpio Music (Black Scorpio) S.A. v. Victor Willis, 3:11-CV- 01557 (S.D. Calif.). The songs include “YMCA” and “In the Navy,” which were co-authored by the group's lead singer Victor Willis. He maintains that the copyright termination statute should be interpreted literally, allowing him, as a co-author of a joint work that signed a separate grant, to terminate rights to his own contribution without having a majority of co-authors terminate all rights. Two music publishers maintain that this result would contravene the spirit of the law.

Statutory Termination Provisions

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