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Termination Notices and Copyright Act Claims Accruals
Finch v. Casey, 22-20144 (S.D. Fla. 2023), concerned 99 songs co-written by Rick Finch and Harry Wayne Casey (aka KC) while they were members of KC & The Sunshine Band in the 1970s.
Between the mid-1970s and early-1980s Casey and Finch entered into publishing agreements with a major music publisher and formed Harrick Music Inc., which they co-owned on a 50/50 basis, as their publishing designee.
Casey and Finch formally severed all personal and financial ties in 1983 through the execution of a "property division agreement" that divided between them various items of tangible and intangible property that they had previously owned together. The agreement provided, among other things, that Finch would transfer to Casey all his rights in their co-owned copyrights along with his 50% ownership interest in Harrick Music. Twenty-nine years later, in 2012, Finch served a notice of termination under 17. U.S.C. §203 of the U.S. Copyright Act on Casey and Harrick seeking to terminate the copyright grants that Finch made to Casey in the 1983 property division agreement.
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