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Copyright-Termination Case Complexities and Sixth Circuit’s Decision In “Que Sera Sera” Litigation
The Nashville federal court where the lawsuit was filed summarized the litigation as “concern[ing] the rights to a prolific composer’s music, a dizzying estate plan, and two descendants at odds over how to manage the royalties those compositions earn.” Livingston v. Jay Livingston Music Inc., 3:22-cv-00532 (M.D. Tenn. 2023).
In 1984, American Songbook co-writer Jay Livingston (e.g., “Que Sera Sera,” “Mona Lisa,” “Silver Bells”) assigned his copyright interests in the songs to Jay Livingston Music (JLM), which was then owned by his daughter Travilyn. The copyright interests Jay assigned to JLM were for a term of 28 years from when the original 28 years copyright term, which applied to each of the pre-1978 songs, expired.
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