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Music-Sampling Ruling
Necessary Parties to Suit. The U.S. District Court for the Southern District of New York denied a motion by MGM Pictures to join Universal Music Group and its affiliated companies as defense parties in a suit against MGM over the alleged use of a sample of The Kinks' 1960s hit song 'You Really Got Me.' Jayboy Music Corp. v. Metro-Goldwyn-Mayer Pictures Inc., 05 Civ. 8575(JFK).
In 2004, Jayboy ' the owner of the 'You Really Got Me' song copyright ' filed a copyright suit in the Southern District against the Universal companies and the writers of the song 'Sexy.' The parties settled, giving the 'Sexy' writers, but not Universal, an irrevocable license to the sample. Universal subsequently gave MGM a license to use 'Sexy' in the motion picture 'Be Cool.' Jayboy then sued MGM for infringement. MGM in turn moved to compel joinder of the Universal entities as necessary defendants in the suit.
But the district court concluded: 'If MGM wins, its victory will be complete with or without the Universal entities. If MGM loses, Jayboy has complete relief, and the outcome of this action is not binding on any suit by MGM against the Universal entities for contribution'.
'Even assuming arguendo that [the Universal entities] have an interest in peril (ie, the licensing agreements), their ability to protect this interest is not 'impair[ed] or impede[d]' by this action. The outcome of this litigation is not res judicata as to the Universal entities. Even if, as MGM suggests, a victory by Jayboy in this matter requires a finding that the Universal-MGM licensing agreements were invalid, that finding does not result in issue preclusion (ie, collateral estoppel) if MGM sues the Universal entities for contribution. The Universal entities … have yet to have a full and fair opportunity to litigate the validity of their licensing agreements.'
Necessary Parties to Suit. The U.S. District Court for the Southern District of
In 2004, Jayboy ' the owner of the 'You Really Got Me' song copyright ' filed a copyright suit in the Southern District against the Universal companies and the writers of the song 'Sexy.' The parties settled, giving the 'Sexy' writers, but not Universal, an irrevocable license to the sample. Universal subsequently gave MGM a license to use 'Sexy' in the motion picture 'Be Cool.' Jayboy then sued MGM for infringement. MGM in turn moved to compel joinder of the Universal entities as necessary defendants in the suit.
But the district court concluded: 'If MGM wins, its victory will be complete with or without the Universal entities. If MGM loses, Jayboy has complete relief, and the outcome of this action is not binding on any suit by MGM against the Universal entities for contribution'.
'Even assuming arguendo that [the Universal entities] have an interest in peril (ie, the licensing agreements), their ability to protect this interest is not 'impair[ed] or impede[d]' by this action. The outcome of this litigation is not res judicata as to the Universal entities. Even if, as MGM suggests, a victory by Jayboy in this matter requires a finding that the Universal-MGM licensing agreements were invalid, that finding does not result in issue preclusion (ie, collateral estoppel) if MGM sues the Universal entities for contribution. The Universal entities … have yet to have a full and fair opportunity to litigate the validity of their licensing agreements.'
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