Bit Parts

Copyright Renewal Interests/Heirs

The U.S. Court of Appeals for the First Circuit decided that renewal interests triggered after Puerto Rican composer Guillermo Venegas-Llo-veras died should be split 50% to his widow and 50% among his children. Venegas-Hernandez v. Asociacion De Compositores Y Editoresde, 04-1934. The decision is in line with the Sixth Circuit's view in Broadcast Music Inc. v. Roger Miller Music Inc., 396 F.3d 762 (6th Cir. 2005). The First Circuit noted in an unpublished opinion: “Policy considerations favor the 50-50 solution over per capita division. … A majority of states give the widow a 50% or greater interest in her husband's estate if he dies intestate, even with multiple children.”

Record Distribution/Interference With Business Relationship

A magistrate for the U.S. District Court for the Southern District of Florida ruled that a preliminary injunction should be issued to bar TVT Records from interfering with the release of an album of material by Miami rapper Pitbull recorded before he signed with TVT. Slip-N-Slide Records Inc. v. TVT Records LLC, 05-21113. Slip-N-Slide Records sought to release early Pitbull recordings on the album “Welcome to the 305″ after TVT released the best-selling Pitbull album “M.I.A.M.I.” TVT then sent cease-and-desist letters to numerous distributors to block the “305″ release. The magistrate found that Slip-N-Slide had established a likelihood of success on a claim of intentional interference with business relationship by TVT. The magistrate also determined that “Welcome to 305″ had to be issued immediately to benefit from the year-end holiday sales and that there was a lack of evidence on TVT's counterclaim that Slip-N-Slide violated rights in TVT's Pitbull logo. (The magistrate found “extremely significant” that Pitbull wasn't a party to the lawsuit nor had complained of the “305″ release.) But the magistrate instructed Slip-N-Slide to place a label on all copies of “305″ stating “Contains Previously Released Material.”

Music Royalties/Conversion Claim

The U.S. District Court for the Eastern District of Pennsylvania ruled in part that a conversion claim for non-payment of music royalties shouldn't be dismissed. Levert v. Philadelphia International Records (PIR), 04-1489. The court did dismiss a breach-of-contract claim against PIR president Chuck Gamble, in the record-royalty suit by the singing group The O'Jays, on the ground that Gamble wasn't a signatory to the plaintiffs' recording contracts. (Gamble was in high school at the time.) But the district court disagreed with Gamble's argument that failure to pay a debt can't be the basis for a conversion claim. According to the court: “Not every payment due under a contract constitutes a 'debt.' Lower Pennsylvania courts have held a defendant who owes a plaintiff money under a contractual agreement may be sued for the tort of conversion. … This court does not believe the royalty payments allegedly owed to plaintiffs were a 'debt;' royalty payments are more analogous to payments made under a consignment contract.”

The U.S. Court of Appeals for the Fifth Circuit had asked the Florida Supreme Court to issue a ruling on the applicability of the state's right-of-publicity statute in a case filed by families of characters portrayed in the film “The Perfect Storm,” about the sinking of the fishing boat Andrea Gail off the coast of New England. Quoting the Florida high court, the Fifth Circuit has now ruled that because Florida Statutes Sec. 540.08(1) “'does not apply to publications, including motion pictures, which do not directly promote a product or service,' and the motion picture in this case did not directly promote a product or service, plaintiffs' statutory misappropriation claims were properly dismissed.” Tyne v. Time Warner Entertainment Co. L.P., 02-13281.

U.S. Supreme Court/Certioriari Denials

At the start of its new term in October, the U.S. Supreme Court denied petitions for writs of certioriari in three cases of importance to the entertainment industry. The court denied a petition by Harry Keane for consideration of a ruling by the U.S. Court of Appeals for the Fifth Circuit that upheld dismissal of Keane's suit claiming rights in the “American Idol” TV-series name and idea. Keane v. Fox Television Stations Inc., 05-202. The Fifth Circuit had found that trademark law protects developed products but not Keane's idea for a product. Another cert denial occurred over a ruling by the Sixth Circuit that one-half of the renewal copyright interests in songs by pop/country artist Roger Miller that took effect after his death are to be divided one-half to his wife and the other half among his children. Turner v. Roger Miller Music Inc., 05-31. In the third case, the High Court declined to consider a decision by the Ninth Circuit that screenwriter Jeff Grosso's claim for breach of implied contract under California law against the producer of the film “The Rounders” wasn't preempted by the Copyright Act. Miramax Film Corp. v. Grosso, 04-1682.

Copyright Renewal Interests/Heirs

The U.S. Court of Appeals for the First Circuit decided that renewal interests triggered after Puerto Rican composer Guillermo Venegas-Llo-veras died should be split 50% to his widow and 50% among his children. Venegas-Hernandez v. Asociacion De Compositores Y Editoresde, 04-1934. The decision is in line with the Sixth Circuit's view in Broadcast Music Inc. v. Roger Miller Music Inc. , 396 F.3d 762 (6th Cir. 2005). The First Circuit noted in an unpublished opinion: “Policy considerations favor the 50-50 solution over per capita division. … A majority of states give the widow a 50% or greater interest in her husband's estate if he dies intestate, even with multiple children.”

Record Distribution/Interference With Business Relationship

A magistrate for the U.S. District Court for the Southern District of Florida ruled that a preliminary injunction should be issued to bar TVT Records from interfering with the release of an album of material by Miami rapper Pitbull recorded before he signed with TVT. Slip-N-Slide Records Inc. v. TVT Records LLC, 05-21113. Slip-N-Slide Records sought to release early Pitbull recordings on the album “Welcome to the 305″ after TVT released the best-selling Pitbull album “M.I.A.M.I.” TVT then sent cease-and-desist letters to numerous distributors to block the “305″ release. The magistrate found that Slip-N-Slide had established a likelihood of success on a claim of intentional interference with business relationship by TVT. The magistrate also determined that “Welcome to 305″ had to be issued immediately to benefit from the year-end holiday sales and that there was a lack of evidence on TVT's counterclaim that Slip-N-Slide violated rights in TVT's Pitbull logo. (The magistrate found “extremely significant” that Pitbull wasn't a party to the lawsuit nor had complained of the “305″ release.) But the magistrate instructed Slip-N-Slide to place a label on all copies of “305″ stating “Contains Previously Released Material.”

Music Royalties/Conversion Claim

The U.S. District Court for the Eastern District of Pennsylvania ruled in part that a conversion claim for non-payment of music royalties shouldn't be dismissed. Levert v. Philadelphia International Records (PIR), 04-1489. The court did dismiss a breach-of-contract claim against PIR president Chuck Gamble, in the record-royalty suit by the singing group The O'Jays, on the ground that Gamble wasn't a signatory to the plaintiffs' recording contracts. (Gamble was in high school at the time.) But the district court disagreed with Gamble's argument that failure to pay a debt can't be the basis for a conversion claim. According to the court: “Not every payment due under a contract constitutes a 'debt.' Lower Pennsylvania courts have held a defendant who owes a plaintiff money under a contractual agreement may be sued for the tort of conversion. … This court does not believe the royalty payments allegedly owed to plaintiffs were a 'debt;' royalty payments are more analogous to payments made under a consignment contract.”

The U.S. Court of Appeals for the Fifth Circuit had asked the Florida Supreme Court to issue a ruling on the applicability of the state's right-of-publicity statute in a case filed by families of characters portrayed in the film “The Perfect Storm,” about the sinking of the fishing boat Andrea Gail off the coast of New England. Quoting the Florida high court, the Fifth Circuit has now ruled that because Florida Statutes Sec. 540.08(1) “'does not apply to publications, including motion pictures, which do not directly promote a product or service,' and the motion picture in this case did not directly promote a product or service, plaintiffs' statutory misappropriation claims were properly dismissed.” Tyne v. Time Warner Entertainment Co. L.P., 02-13281.

U.S. Supreme Court/Certioriari Denials

At the start of its new term in October, the U.S. Supreme Court denied petitions for writs of certioriari in three cases of importance to the entertainment industry. The court denied a petition by Harry Keane for consideration of a ruling by the U.S. Court of Appeals for the Fifth Circuit that upheld dismissal of Keane's suit claiming rights in the “American Idol” TV-series name and idea. Keane v. Fox Television Stations Inc., 05-202. The Fifth Circuit had found that trademark law protects developed products but not Keane's idea for a product. Another cert denial occurred over a ruling by the Sixth Circuit that one-half of the renewal copyright interests in songs by pop/country artist Roger Miller that took effect after his death are to be divided one-half to his wife and the other half among his children. Turner v. Roger Miller Music Inc., 05-31. In the third case, the High Court declined to consider a decision by the Ninth Circuit that screenwriter Jeff Grosso's claim for breach of implied contract under California law against the producer of the film “The Rounders” wasn't preempted by the Copyright Act. Miramax Film Corp. v. Grosso, 04-1682.