Decision of Note: <b>Suit Over Photos Of Blues Legend Will Go To Trial</b>

The Supreme Court of Mississippi ruled that the heirs of the half-sister of blues musician Robert Johnson may proceed with their suit for ownership of the only two photographs of the legendary artist. Anderson v. LaVere, 2002-CA-00098-SCT.

Carrie Thompson, Johnson's half-sister, had collected the photos of Johnson. But a Mississippi circuit court dismissed for res judicata a suit over the photos by Thompson's half-sister and grandson on the ground that the heirs could have petitioned a state chancery court on the issue in an earlier proceeding that determined who was Johnson's biological son and heir.

Johnson died penniless and intestate in 1938. Thompson signed a contract in 1974 with music historian Stephen LaVere, a defendant in the current action, for use of the photos in exchange for 50% of the monies earned. Thompson died in 1983. In 1990, CBS Records (now owned by defendant Sony Music Entertainment) released Johnson's recordings. The album package included the photos.

Reversing and remanding the photos dispute for trial, the state Supreme Court stated: “The circuit court [in the current action] failed to recognize that the Thompson-LaVere contract specified that part of the property was owned by Thompson personally and part was owned by Thompson as heir [presumptive] to the Johnson estate. … Thus it appears that the circuit court never considered the possibility that the photos might not be the

property of the Johnson estate. … In fact, the chancery court [when earlier deciding the issue of who was Johnson's heir] made no finding concerning the copyright and the right to royalties generated from the two photos.”

In addition, current defendants Lavere and Sony Music hadn't been parties to the Johnson heir proceeding.

The Supreme Court of Mississippi ruled that the heirs of the half-sister of blues musician Robert Johnson may proceed with their suit for ownership of the only two photographs of the legendary artist. Anderson v. LaVere, 2002-CA-00098-SCT.

Carrie Thompson, Johnson's half-sister, had collected the photos of Johnson. But a Mississippi circuit court dismissed for res judicata a suit over the photos by Thompson's half-sister and grandson on the ground that the heirs could have petitioned a state chancery court on the issue in an earlier proceeding that determined who was Johnson's biological son and heir.

Johnson died penniless and intestate in 1938. Thompson signed a contract in 1974 with music historian Stephen LaVere, a defendant in the current action, for use of the photos in exchange for 50% of the monies earned. Thompson died in 1983. In 1990, CBS Records (now owned by defendant Sony Music Entertainment) released Johnson's recordings. The album package included the photos.

Reversing and remanding the photos dispute for trial, the state Supreme Court stated: “The circuit court [in the current action] failed to recognize that the Thompson-LaVere contract specified that part of the property was owned by Thompson personally and part was owned by Thompson as heir [presumptive] to the Johnson estate. … Thus it appears that the circuit court never considered the possibility that the photos might not be the

property of the Johnson estate. … In fact, the chancery court [when earlier deciding the issue of who was Johnson's heir] made no finding concerning the copyright and the right to royalties generated from the two photos.”

In addition, current defendants Lavere and Sony Music hadn't been parties to the Johnson heir proceeding.