Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Ninth Circuit's Novel Ruling that Copyrights In Masters Can Be Sold to Satisfy Legal Fees

By Stan Soocher
July 02, 2014

When the U.S. District Court for the Western District of Washington faced the issue, District Judge Robert Lasnik noted that “the court has not found any reported case authorizing” a receiver to sell an artist's sound recording masters to pay off a judgment assessed against an artist. Affirming last month ' that a court-appointed receiver could sell funkmeister George Clinton's master recordings to pay off legal fees he owed the Seattle law firm Hendricks & Lewis ' the U.S. Court of Appeals for the Ninth Circuit added: “We know of no federal statutory law directly addressing whether copyrights are subject to execution to satisfy a judgment.” Hendricks & Lewis PLLC v. Clinton, 13-35010.

Chasing clients for legal fees can be a complex matter, and the Clinton recording masters dispute has as many twists and turns as the polyrhythms on a funk track. The fee dispute arose out of litigation work Hendricks & Lewis handled for Clinton against Universal Music. In 2009, after the law firm stopped representing Clinton, it obtained an arbitration ruling that Clinton owed Hendricks & Lewis more than $1.5 million in unpaid legal fees. The Western District of Washington confirmed the award in 2010.

This premium content is locked for Entertainment Law & Finance subscribers only

  • 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

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

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.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.