Bit Parts

Former Blue Notes Member Loses Suit Over DVD of Soul Train Performances

The U.S. District Court for the Southern District of New York found no right of publicity violation in the inclusion, on a Best of Soul Train DVD, of TV performances of Harold Melvin and the Blue Notes that included band-member/plaintiff Jeremiah Cummings. Cummings v. Soul Train Holdings LLC, 14 Civ. 36. Cummings was a member of the r&b group in the 1970s. He claimed in his lawsuit he hadn't signed any release form when he appeared on the Soul Train TV show with the Blue Notes. Looking at Illinois-resident Cummings' claim under the Illinois Right of Publicity Act (IRPA), New York federal District Judge Lorna G. Schofield noted: 'The recordings 'portray' a 'live performance' or 'musical work performed by Cummings as a member of the Blue Notes, and the Soul Train footage does not itself constitute commercial advertisement' that would violate the IRPA. Judge Schofield added that Cummings' Soul Train performances had been ”fixed in tangible form,' and his 'rights of publicity' are therefore preempted' by federal copyright law. The district court went on to dismiss Cummings' additional causes of action, including one alleging violation of the federal Lanham Act and the Illinois Consumer Fraud and Deceptive Trade Practices Act.

'“Whoomp!' Song Rights Go To Alvert Music

The U.S. Court of Appeals for the Fifth Circuit affirmed a trial judge's ruling that music executive Al Bell owns a copyright interest in the 1990s hit song 'Whoomp! (There It Is).' In the Matter of: Isbell Records Inc., 13-40878. Bell's Bellmark Records, which was liquidated in bankruptcy in the latter 1990s, had originally obtained an agreement from the 'Whoomp!' songwriters stating they assigned 50 percent of the song's rights to 'Bellmark's affiliated designee publisher, its successors and assigns.' The U.S. District Court the Eastern District of Texas decided that, as a matter of law, Bell's Alvert Music owned the song rights. On appeal, DM Records, which had purchased Bellmark's assets in the bankruptcy proceeding, argued the jury, rather than the trial judge, should have decided the issue, which was considered under the California choice-of-law clause in the songwriter's agreement with Bellmark. The Fifth Circuit noted, however, that 'none of the many pieces of extrinsic evidence offered by the parties was conflicting to the extent that the jury was needed to make a credibility determination.'

Stan Soocher'is Editor-in-Chief of Entertainment Law & Finance'and a tenured Associate Professor of Music & Entertainment Industry Studies at the University of Colorado's Denver Campus. He is the 2014 recipient of the State Bar of Texas Entertainment & Sports Law Section's 'Texas Star Award.' Stan can be reached at [email protected] or via www.stansoocher.com.