Bit Parts

Bruce Lee T-Shirt Suit Transferred to New York

The U.S. District Court for the Southern District of Indiana granted a defense motion to transfer a suit brought by the holder of the trademark and publicity rights of the late martial arts legend Bruce Lee to the Southern District of New York. Bruce Lee Enterprises LLC (BLE) v. Echo.Complex LLC, 1:09-cv-0398-WTL-DML. BLE sued over the sale of alleged unauthorized Bruce Lee t-shirts and claimed the case raised novel issues under Indiana's right-of-publicity statute, Ind. Code '32-26-1-1. (The complaint also alleges violation of California's publicity rights statute.) But District Judge Williams T. Lawrence found: “In this case, the only connections between Indiana and the events underlying the action are Plaintiff's decision to hire Indiana-based counsel and Plaintiff's purchase of a single t-shirt.” Judge Lawrence also observed that the Southern District of New York has fewer pending cases per judge and “experience with both and Indiana and California's right of publicity statutes.”

Infringement Suit Against Tim McGraw Remains Dismissed

The U.S. District Court for the Middle District of Tennessee denied a copyright infringement plaintiff's bid for relief from an earlier dismissal of his suit against country artist Tim McGraw and songwriter, music publishing and record label co-defendants. Martinez v. McGraw, 3:08-0738. Plaintiff James Martinez claimed the McGraw hit “Everywhere,” by songwriters Craig Wiseman and Mike Reid, infringed on Martinez's composition “Anytime, Anywhere Amanda.” In the latest ruling, Senior District Judge John T. Nixon noted: “Here, Plaintiff fails to state facts that could raise even an inference of access. Plaintiff speculates that because Terri Clark, a non-party musician, and Defendant McGraw recorded their albums at the same studio and shared musical personnel to produce their albums, Defendants had access to Plaintiff's song. Plaintiff speculates that Ms. Clark had concurrent dealings with himself and Defendants based on the fact that one of Ms. Clark's song titles is similar to Plaintiff's and Ms. Clark and Mr. McGraw recorded their albums in the same studio with help from some of the same individuals.” But Judge Nixon continued: “Plaintiff does not allege any facts regarding how his song 'Anytime, Anywhere Amanda' got into the hands of Ms. Clark's personnel and songwriters or even that his song was played in hearing range of Ms. Clark's personnel and songwriters or that Ms. Clark's personnel and songwriters had any contact with Plaintiff or Plaintiff's Collection.”

No Summary Judgment in “I'll Fly Away” Copyright Termination Suit

The U.S. District Court for the Middle District of Tennessee denied a songwriter's heirs' motion for summary judgment in their suit to recapture the copyright to the gospel classic “I'll Fly Away.” Brumley v. Albert E. Brumley & Sons Inc. (AEB), 3:08-CV-1193. The Albert E. Brumley Sr.-composed song was first published by the Hartford Music Co. (HMC) in 1932. Brumley Sr. signed a 15-song agreement with HMC in 1936. The plaintiff heirs now argue that the 1936 agreement was a copyright assignment subject to termination under '304 of the Copyright Act. Around 1947, Brumley formed AEB, which acquired HMC. The 1960 copyright renewal registration for “I'll Fly Away” lists Brumley ' who died in the 1970s ' rather than HMC, as sole author. AEB, currently operated by Brumley's son Robert, nevertheless argues that “I'll Fly Away” was a work-for-hire and thus not subject to copyright termination. In denying the plaintiffs' bid for summary judgment, District Judge Aleta A. Trauger noted that the 1960 copyright registration is the plaintiffs' best evidence for their claim that the senior Brumley was statutory author of “I'll Fly Away.” “The registration makes no mention of HMC and does not list HMC as the author, as would be expected under the 1909 Act, if the composition had been created as a work-for-hire,” Judge Trauger explained, while also emphasizing that the defendants' best evidence is a deposition Albert Jr. gave in an earlier, unrelated lawsuit in which he stated that Albert Sr. had been a staff songwriter for HMC.

Bruce Lee T-Shirt Suit Transferred to New York

The U.S. District Court for the Southern District of Indiana granted a defense motion to transfer a suit brought by the holder of the trademark and publicity rights of the late martial arts legend Bruce Lee to the Southern District of New York. Bruce Lee Enterprises LLC (BLE) v. Echo.Complex LLC, 1:09-cv-0398-WTL-DML. BLE sued over the sale of alleged unauthorized Bruce Lee t-shirts and claimed the case raised novel issues under Indiana's right-of-publicity statute, Ind. Code '32-26-1-1. (The complaint also alleges violation of California's publicity rights statute.) But District Judge Williams T. Lawrence found: “In this case, the only connections between Indiana and the events underlying the action are Plaintiff's decision to hire Indiana-based counsel and Plaintiff's purchase of a single t-shirt.” Judge Lawrence also observed that the Southern District of New York has fewer pending cases per judge and “experience with both and Indiana and California's right of publicity statutes.”

Infringement Suit Against Tim McGraw Remains Dismissed

The U.S. District Court for the Middle District of Tennessee denied a copyright infringement plaintiff's bid for relief from an earlier dismissal of his suit against country artist Tim McGraw and songwriter, music publishing and record label co-defendants. Martinez v. McGraw, 3:08-0738. Plaintiff James Martinez claimed the McGraw hit “Everywhere,” by songwriters Craig Wiseman and Mike Reid, infringed on Martinez's composition “Anytime, Anywhere Amanda.” In the latest ruling, Senior District Judge John T. Nixon noted: “Here, Plaintiff fails to state facts that could raise even an inference of access. Plaintiff speculates that because Terri Clark, a non-party musician, and Defendant McGraw recorded their albums at the same studio and shared musical personnel to produce their albums, Defendants had access to Plaintiff's song. Plaintiff speculates that Ms. Clark had concurrent dealings with himself and Defendants based on the fact that one of Ms. Clark's song titles is similar to Plaintiff's and Ms. Clark and Mr. McGraw recorded their albums in the same studio with help from some of the same individuals.” But Judge Nixon continued: “Plaintiff does not allege any facts regarding how his song 'Anytime, Anywhere Amanda' got into the hands of Ms. Clark's personnel and songwriters or even that his song was played in hearing range of Ms. Clark's personnel and songwriters or that Ms. Clark's personnel and songwriters had any contact with Plaintiff or Plaintiff's Collection.”

No Summary Judgment in “I'll Fly Away” Copyright Termination Suit

The U.S. District Court for the Middle District of Tennessee denied a songwriter's heirs' motion for summary judgment in their suit to recapture the copyright to the gospel classic “I'll Fly Away.” Brumley v. Albert E. Brumley & Sons Inc. (AEB), 3:08-CV-1193. The Albert E. Brumley Sr.-composed song was first published by the Hartford Music Co. (HMC) in 1932. Brumley Sr. signed a 15-song agreement with HMC in 1936. The plaintiff heirs now argue that the 1936 agreement was a copyright assignment subject to termination under '304 of the Copyright Act. Around 1947, Brumley formed AEB, which acquired HMC. The 1960 copyright renewal registration for “I'll Fly Away” lists Brumley ' who died in the 1970s ' rather than HMC, as sole author. AEB, currently operated by Brumley's son Robert, nevertheless argues that “I'll Fly Away” was a work-for-hire and thus not subject to copyright termination. In denying the plaintiffs' bid for summary judgment, District Judge Aleta A. Trauger noted that the 1960 copyright registration is the plaintiffs' best evidence for their claim that the senior Brumley was statutory author of “I'll Fly Away.” “The registration makes no mention of HMC and does not list HMC as the author, as would be expected under the 1909 Act, if the composition had been created as a work-for-hire,” Judge Trauger explained, while also emphasizing that the defendants' best evidence is a deposition Albert Jr. gave in an earlier, unrelated lawsuit in which he stated that Albert Sr. had been a staff songwriter for HMC.