Bit Parts

*****

"Chapel of Love" Singer's Niece Fails to Show Court in Royalties Dispute Had Personal Jurisdiction over Defendant

Joan Marie Johnson, a member of The Dixie Cups vocal group that topped the charts with their recording "Chapel of Love" in 1964, signed an agreement for the New York-based Artists Rights Enforcement Corp. (AREC) to collect music royalties owed to Johnson. After Johnson, a Louisiana resident, died in 2016, AREC continued to collect 50 percent of the royalties recovered. Johnson's niece, Texas resident Jerri Jones, sued AREC in Texas for a declaration that she wasn't bound by the Johnson/AREC agreement. The U.S. District Court for the Eastern District of Louisiana dismissed Jones' lawsuit by finding the court lacked personal jurisdiction over AREC. Jones v. Artists Rights Enforcement Corp., 2:19-CV-505 (E.D.La. 2018). Affirming, the U.S. Court of Appeals has noted: "Although Johnson signed the contract in Louisiana, and presumably communicated with AREC from Louisiana, the contract itself was not drafted in Louisiana. Even if the contract was discussed and drafted in Louisiana, the exchange of communications in carrying out a contract is not enough to establish personal jurisdiction. Moreover, these activities could not create a business relationship between Jones and AREC because Jones was not contemplated in the contract or involved in its negotiation." Jones v. Artists Rights Enforcement Corp., 19-30374. The appeals court added: "Jones alleges that an intentional tort occurred, but if it did, it was not in Louisiana. AREC is based in New York, and Jones resides in Texas."

*****

Fair Use Defense Can Be Raised Under California's Sound Recording Misappropriation Statute

The U.S. District Court for the Central District of California found that a fair use argument could be raised in defending against a claim under Cal. Civ. Code §980, which provides "exclusive ownership in the representation or expression" of a recording. Johnson v. UMG Recordings Inc., 2:19-cv-02364. The finding arises out of a music sampling case that artist/producer Syl Johnson filed alleging several UMG-distributed recordings infringed on his 1968 recording "I Feel an Urge." The complaint alleges state statutory right of publicity (the sample includes Johnson's voice), unfair business practices and the §980 sound-recording misappropriation claims. District Judge Otis D. Wright first found: "As five years have elapsed since the time Plaintiff allegedly became aware … [Johnson's] claims outside of those accrued within the relevant statute of limitations" for each of the statutory causes of action were time barred. District Judge Wright went on to rule that UMG could raise a fair use defense under Johnson's misappropriation claim under Cal. Civ. Code §980. However, the court denied UMG's motion to dismiss the claim on fair use grounds by noting, "At this juncture, the Court does not find that Defendant's use of Plaintiff's clip for its commercial benefit was fair."