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
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.
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?
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.
A Lawyer's System for Active Reading
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.
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.