Bit Parts

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 The First Circuit noted in an unpublished opinion: “Policy considerations favor the 50-50 solution over per capita division.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