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<b>Decision of Note: </b>Copyright Law Preempts Singer's Publicity Claim
The U.S. Court of Appeals for the Ninth Circuit decided that singer Debra Laws' state right-of-publicity claim over the use of her voice in a Jennifer Lopez sound recording and music video was preempted by federal copyright law. Laws v. Sony Music Entertainment Inc., 03-57102.
Laws signed an agreement with Elektra/Asylum Records in 1979 that gave the record company the 'sole and exclusive right to copyright such master recordings' and 'the exclusive worldwide right in perpetuity ' to lease, license, convey or otherwise use or dispose of such master recordings.' Laws sued under California common and statutory law after a sample from her track 'Very Special' was licensed by the label for the Jennifer Lopez track 'All I Have.'
Affirming the district court, the Ninth Circuit found: 'Laws does not dispute Sony's contention that the recording of 'Very Special' was a copyrighted sound recording fixed in a tangible medium of expression. Laws' right of publicity claim is based exclusively on what she claims is an unauthorized duplication of her vocal performance of the song 'Very Special.' Although California law recognizes an assertable interest in the publicity associated with one's voice, we think it is clear that federal copyright law preempts a claim alleging misappropriation of one's voice when the entirety of the allegedly misappropriated vocal performance is contained within a copyrighted medium.'
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