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Cameo Clips

By ALM Staff | Law Journal Newsletters |
July 30, 2008

COPYRIGHT PREEMPTION/MISAPPROPRIATION CLAIM

The U.S. District Court for the Middle District of Tennessee, Nashville Division, dismissed, on federal-preemption grounds, several state claims that were included with a copyright-infringement claim against songwriters Phil Vassar and Craig Wiseman. The suit alleged the defendants copied the plaintiffs' song 'Good Ol' Days to Come' for Vassar's hit record 'Good Old Days.' Brainard v. Vassar, 3:07-0929. 'Good Ol' Days to Come' had been pitched to Vassar's representatives. The district court noted of the plaintiffs' common-law misappropriation claim: 'The plaintiffs propose that the breach of an implied promise to pay for the use of the plaintiffs' song and to credit the plaintiffs as creators of the song are sufficient 'extra elements' to defeat [copyright] preemption. However, as the defendants point out, the source for the implied promises to pay and to provide credit is not, under the plaintiffs' allegations, any behavior on behalf of the parties but, rather, standard industry practice.'

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