Bit Parts

Composition Creation/Statute of Frauds

The U.S. District Court for the Northern District of Ohio, Western Division, decided that the state statute-of-frauds for intangible goods, rather than the one for personal services, applied to a claim for breach of an oral agreement for plaintiff Jon Stainbrook to create songs for the defendant's TV show 'In the Zone.' Stainbrook v. Fox Broadcasting Co., 3:05 CV 7380. The court noted: 'Defendant wanted the songs, and the labor on Plaintiff's part is merely incidental. This is evidenced by the fact that Defendant was to pay Plaintiff on the delivery of the song, not based on his labor.' The court determined there was a material issue of fact as to whether an oral agreement existed. The intangible-goods statute would limit any recovery by Stainbrook to $5000.

Concert Venues/Charitable Immunity Statutes

The Superior Court of New Jersey, Appellate Division, affirmed that the non-profit Newark Symphony Hall was protected from a spectator's personal injury suit by the state's charitable immunity statute, N.J.S.A. Sec. 2A:53A. Williamson v. Newark Symphony Hall, L-5909-04. The court noted: 'Since entertainment falls within the education category for charitable organizations ' and the organization receives support from grants and sponsorships, we conclude that the [Symphony Hall] Corporation falls within the charitable immunity statute. ' The fact that the Corporation rents part of its facilities to cover its operating expenses does not detract from its nonprofit status and does not remove it from the charitable immunity umbrella.'

Copyright Infringement/Co-Authorship Bar

Two weeks before James Brown died, the U.S. Court of Appeals for the Second Circuit affirmed a ruling in favor of the artist and his music publisher in an infringement suit over Brown's hit from the 1960s, 'It's a Man's Man's Man's World.' Newsome v. Brown, 05-4735-CV. The district court noted, among other things, that the settlement of a 1966 infringement action by Betty Newsome's publisher that gave Newsome co-authorship credit barred her current claim because co-authors can't sue each other for infringement.

Copyright Infringement/Co-Authorship Claim

The U.K. High Court of Justice Chancery Division decided that the organ solo in the 1967 Procul Harum hit 'A Whiter Shade of Pale' was 'a distinctive and significant contribution to the overall composition and, quite obviously, the product of skill and labour on the part of the person who created it.' Fisher v. Brooker, [2006] EWHC 3239 (Ch). Keyboardist Matthew Fisher had asked for 50% of the song copyright, but the trial court determined: 'The question ultimately is a highly subjective one. … I have come to the view that Mr. Fisher's interest in the Work should be reflected by according him a 40% share [of the future earnings] in the musical copyright.' Barring Fisher's claim for past royalties, the court noted, 'The plain fact is that Mr. Fisher has sat back and permitted [performing rights] societies to account to the defendants for royalties … in the Work for nearly 40 years.' 

The U.S. Court of Appeals for the First Circuit affirmed that plaintiff Frank Quaglia failed to establish an issue of material fact that the defendants had access to his film about actor auditions, or that there was substantial similarity between Quaglia's film and the defendants' TV series 'The It Factor.' Quaglia v. Bravo Networks, 06-1864.

Rescission Claims/Copyright Pre-emption

The U.S. Court of Appeals for the First Circuit affirmed that a recording artist's claim for rescission of his contract based on alleged material breach by the record company was preempted by federal copyright law. Santa-Rosa v. Combo Records, 471 F.3d 224. Salsa artist Gilberto Santa-Rosa sought rescission of his recording agreement based on alleged non-payment of royalties for several albums he recorded in the 1980s. The appeals court noted the rescission claim was preempted because 'if we were to grant him the relief that he sought, we would be required to determine his ownership rights by reference to the Copyright Act.'

Composition Creation/Statute of Frauds

The U.S. District Court for the Northern District of Ohio, Western Division, decided that the state statute-of-frauds for intangible goods, rather than the one for personal services, applied to a claim for breach of an oral agreement for plaintiff Jon Stainbrook to create songs for the defendant's TV show 'In the Zone.' Stainbrook v. Fox Broadcasting Co., 3:05 CV 7380. The court noted: 'Defendant wanted the songs, and the labor on Plaintiff's part is merely incidental. This is evidenced by the fact that Defendant was to pay Plaintiff on the delivery of the song, not based on his labor.' The court determined there was a material issue of fact as to whether an oral agreement existed. The intangible-goods statute would limit any recovery by Stainbrook to $5000.

Concert Venues/Charitable Immunity Statutes

The Superior Court of New Jersey, Appellate Division, affirmed that the non-profit Newark Symphony Hall was protected from a spectator's personal injury suit by the state's charitable immunity statute, N.J.S.A. Sec. 2A:53A. Williamson v. Newark Symphony Hall, L-5909-04. The court noted: 'Since entertainment falls within the education category for charitable organizations ' and the organization receives support from grants and sponsorships, we conclude that the [Symphony Hall] Corporation falls within the charitable immunity statute. ' The fact that the Corporation rents part of its facilities to cover its operating expenses does not detract from its nonprofit status and does not remove it from the charitable immunity umbrella.'

Copyright Infringement/Co-Authorship Bar

Two weeks before James Brown died, the U.S. Court of Appeals for the Second Circuit affirmed a ruling in favor of the artist and his music publisher in an infringement suit over Brown's hit from the 1960s, 'It's a Man's Man's Man's World.' Newsome v. Brown, 05-4735-CV. The district court noted, among other things, that the settlement of a 1966 infringement action by Betty Newsome's publisher that gave Newsome co-authorship credit barred her current claim because co-authors can't sue each other for infringement.

Copyright Infringement/Co-Authorship Claim

The U.K. High Court of Justice Chancery Division decided that the organ solo in the 1967 Procul Harum hit 'A Whiter Shade of Pale' was 'a distinctive and significant contribution to the overall composition and, quite obviously, the product of skill and labour on the part of the person who created it.' Fisher v. Brooker, [2006] EWHC 3239 (Ch). Keyboardist Matthew Fisher had asked for 50% of the song copyright, but the trial court determined: 'The question ultimately is a highly subjective one. … I have come to the view that Mr. Fisher's interest in the Work should be reflected by according him a 40% share [of the future earnings] in the musical copyright.' Barring Fisher's claim for past royalties, the court noted, 'The plain fact is that Mr. Fisher has sat back and permitted [performing rights] societies to account to the defendants for royalties … in the Work for nearly 40 years.' 

The U.S. Court of Appeals for the First Circuit affirmed that plaintiff Frank Quaglia failed to establish an issue of material fact that the defendants had access to his film about actor auditions, or that there was substantial similarity between Quaglia's film and the defendants' TV series 'The It Factor.' Quaglia v. Bravo Networks, 06-1864.

Rescission Claims/Copyright Pre-emption

The U.S. Court of Appeals for the First Circuit affirmed that a recording artist's claim for rescission of his contract based on alleged material breach by the record company was preempted by federal copyright law. Santa-Rosa v. Combo Records , 471 F.3d 224. Salsa artist Gilberto Santa-Rosa sought rescission of his recording agreement based on alleged non-payment of royalties for several albums he recorded in the 1980s. The appeals court noted the rescission claim was preempted because 'if we were to grant him the relief that he sought, we would be required to determine his ownership rights by reference to the Copyright Act.'