Cameo Clips

The U.S. Court of Appeals for the Fifth Circuit decided that a music publisher that assigned 50% of its song copyrights to a third party could pursue an infringement action over two of the songs ' even though the copyright assignment agreement stated it included “all claims for infringement of the copyrights whether now or hereafter existing.” In the Matter of Isbell Records Inc., 09-40343. In 2004, Alvert Music assigned a 50% interest in songs it owned to Bridgeport Music. Alvert Music had earlier sued DM Records alleging infringement of two of the compositions, “Dazzey Duks” and “Whoomp! (There It Is).” After Alvert's assignment to Bridgeport, the Eastern District of Texas granted DM Records' motion to dismiss Alvert's infringement suit on the ground that the copyrights transfer now prevented Alvert from pursuing DM Records.

Reversing and remanding, District Judge Kurt Engelhardt of the Eastern District of Louisiana, sitting in the Fifth Circuit by designation, noted in his appeals court ruling: “The Assignment contains two essential clauses. The first states that Alvert Music assigned to Bridgeport 'fifty percent (50%) of [its] interest now owned or subsequently procured in the universe-wide copyright in and to the ' musical composition.' The second states that Alvert Music assigned to Bridgeport 'all of the universe-wide right, title, and interest of the undersigned, vested or contingent, therein and thereto, including all claims for infringement of the copyrights whether now or hereafter existing, for the maximum terms of copyright.' ' If the second clause is read to mean that Alvert Music assigned all of its rights to pursue copyright infringement claims related to the compositions, then it would also necessarily mean that Alvert Music had assigned all of its interest in the compositions, given that the second clause also stated that Alvert Music assigned 'all of [its] interest' in the compositions. This result would contradict the clear language of the first clause, which states that Alvert Music assigned only 50% of its interest in the musical compositions. ' The proper reading of the two clauses is that the second clause operates as a clarification of the 50% interest assigned in the first clause. Thus, the second clause clarifies that the 50% share is a full share, rather than an income, participation, royalty, or some other limited share in the copyright.”