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<b>Decision of Note: </b>Artist's 'Assent' Doesn't Convey Renewal Rights
The U.S. District Court for the Southern District of New York decided that a co-publishing agreement between two companies that the 'mysterious and extravagantly garbed street performer' Louis 'Moondog' Hardin signed in assent didn't convey the renewal rights in Hardin's songs. Guardian Music Corp. v. James W. Guercio Enterprises Inc., 03 Civ. 9687.
Granting Guercio's motion for summary judgment, the district court noted: '[T]he Co-Publishing Agreement does not include Hardin as a party. ' Moreover, the same paragraph that requires Hardin's assent does so 'after the Agreement has been duly executed by both of the [publishing] parties hereto.' No substantive clause other than the one requiring Hardin's assent mentions Hardin ' and even that provision does not state that he has any rights or obligations under the Co-Publishing Agreement.'
The court added that language in the co-publishing contract stating that the agreement would 'extend for the term of the copyright ' or renewals or extensions thereof if same become available ' neither grants renewal rights nor mentions Hardin by name and thus lacks the requisite specificity to overcome the [Copyright Act's] 'strong presumption against conveyance.”
The U.S. District Court for the Southern District of
Granting Guercio's motion for summary judgment, the district court noted: '[T]he Co-Publishing Agreement does not include Hardin as a party. ' Moreover, the same paragraph that requires Hardin's assent does so 'after the Agreement has been duly executed by both of the [publishing] parties hereto.' No substantive clause other than the one requiring Hardin's assent mentions Hardin ' and even that provision does not state that he has any rights or obligations under the Co-Publishing Agreement.'
The court added that language in the co-publishing contract stating that the agreement would 'extend for the term of the copyright ' or renewals or extensions thereof if same become available ' neither grants renewal rights nor mentions Hardin by name and thus lacks the requisite specificity to overcome the [Copyright Act's] 'strong presumption against conveyance.”
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