Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
I Got Royalties, Babe: L.A. Federal Court Sides With Cher On Income from Sonny's Song Interests
After Beach Boy Brian Wilson's ex-wife Marilyn filed a request in Los Angeles Superior Court for an accounting and for payment, under the couple's 1981 divorce judgment, of 50% of the monies Brian received from his 2021 sale of his song rights to Universal Music, Brian's counsel had the case removed to Los Angeles federal court citing federal question jurisdiction. This was because the songs sale occurred after Brian had recaptured his copyrights under the 17 U.S.C. §304(c) copyright-assignment termination provision of the U.S. Copyright Act. Wilson v. Rutherford, 2:22-cv-01982 (C.D.Calif. 2022).
But Central District of California federal Judge Josephine L. Staton decided in Wilson that federal copyright law didn't preempt Marilyn's state law claim, then remanded the case back to the state superior court. In doing so, District Judge Staton noted, "Marilyn does not assert that she has a right to terminate any grants of copyrights in the [songs] …." Judge Staton added: "Section 304(c) provides that '[t]ermination of a grant under this subsection affects only those rights covered by the grant that arise under this title, and in no way affects rights arising under' state law."
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
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.