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I Got Royalties, Babe: L.A. Federal Court Sides With Cher On Income from Sonny's Song Interests
After Beach Boy Brian Wilson's ex-wife Marilyn filed a request in Los Angeles Superior Court for an accounting and for payment, under the couple's 1981 divorce judgment, of 50% of the monies Brian received from his 2021 sale of his song rights to Universal Music, Brian's counsel had the case removed to Los Angeles federal court citing federal question jurisdiction. This was because the songs sale occurred after Brian had recaptured his copyrights under the 17 U.S.C. §304(c) copyright-assignment termination provision of the U.S. Copyright Act. Wilson v. Rutherford, 2:22-cv-01982 (C.D.Calif. 2022).
But Central District of California federal Judge Josephine L. Staton decided in Wilson that federal copyright law didn't preempt Marilyn's state law claim, then remanded the case back to the state superior court. In doing so, District Judge Staton noted, "Marilyn does not assert that she has a right to terminate any grants of copyrights in the [songs] …." Judge Staton added: "Section 304(c) provides that '[t]ermination of a grant under this subsection affects only those rights covered by the grant that arise under this title, and in no way affects rights arising under' state law."
Now, the U.S. District Court for the Central District of California has decided that the §304(c) termination by Mary Bono of grants made by her late husband Sonny Bono didn't affect royalty rights under a 1978 marital settlement agreement (MSA) between Sonny and ex-wife Cher. Cher v. Bono, 21-08157.
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