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MUSIC ROYALTY CLAIMS/MOTION TO RENEW
The New York Appellate Division, First Department, granted a motion to renew two claims by former members of the 1960s girl group the Angels ' known primarily for the 1963 hit “My Boyfriend's Back” ' over the exploitation of sound recordings on which the plaintiffs sang. Sirico v. F.G.G. Productions, 2010 N.Y. Slip Op. 01733. With its ruling, the appeals court accepted contested affidavits that the plaintiffs had submitted with their motion.
Angels members Phyllis Sirico and lead singer Linda Davidson filed suit in New York Supreme Court, New York County, in 2005, alleging that production company F.G.G. owed them back royalties for 40 years from record sales and third-party licensing. The causes of action included one by Sirico for alleged breach of her written contract, claims by Davidson for alleged breach of an implied contract and for violation of her right of publicity, as well as additional claims by both artists alleging unjust enrichment and for an accounting or rescission.
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