Spinal Tap Creators and Universal Music Settle Copyright Dispute; Variety, November 5, 2019

Jem Aswad, Variety; Spinal Tap Creators and Universal Music Settle Copyright Dispute

"The complaint also sought a judgment in the actors’ right to reclaim their copyright to the film and elements of its intellectual property (screenplay, songs, recordings and characters). Vivendi has claimed that the film was created as a work for hire, with the studio essentially the author. This would prevent the actors from exercising their option to reclaim the rights to the film 35 years after its initial release, which is permitted by law.

“The scale and persistence of fraudulent misrepresentation by Vivendi and its agents to us is breathtaking in its audacity,” Shearer said in a statement at the time. “The thinking behind the statutory right to terminate a copyright grant after 35 years was to protect creators from exactly this type of corporate greed and mismanagement. It’s emerging that Vivendi has, over decades, utterly failed as guardian of the Spinal Tap brand – a truer case of life imitating our art would be hard to find.”"

Paul McCartney Sues Sony to Regain Rights to Beatles Songs; Hollywood Reporter, 1/18/17

Eriq Gardner, Hollywood Reporter; Paul McCartney Sues Sony to Regain Rights to Beatles Songs

"Paul McCartney has filed suit in New York against Sony/ATV and is looking to get a declaratory judgment that states he will soon regain his copyright ownership share to a treasured catalog of songs created as a member of The Beatles.

In what could become one of the most important legal battles in the music industry this decade, the iconic songwriter is looking to leverage the termination provisions of the Copyright Act.

In 1976, Congress increased the period that works are under copyright protection, and, in recognition of authors who had signed over their rights to publishers and studios without much bargaining power, allowed such authors 35 years hence to reclaim rights in the latter stages of a copyright term."

Court Revives Copyright Lawsuit Against Singer Frankie Valli; Associated Press via New York Times, 2/10/15

Associated Press via New York Times; Court Revives Copyright Lawsuit Against Singer Frankie Valli:

"A federal appeals court on Tuesday revived a copyright lawsuit against Frankie Valli and fellow "Four Seasons" band member Robert Gaudio over "Jersey Boys," the popular musical about the band.

Donna Corbello sued Valli and Gaudio in 2011 for copyright infringement, claiming the musical was based in part on an unpublished autobiography of "Four Seasons" band member Thomas DeVito that her late husband ghost-wrote. She said she deserved to share in the profits from the musical's success."

SCOTUSblog Founder Joins Marvel Superhero Appeal for Jack Kirby Estate (Exclusive); Hollywood Reporter, 7/29/14

Eriq Gardner, Hollywood Reporter; SCOTUSblog Founder Joins Marvel Superhero Appeal for Jack Kirby Estate (Exclusive) :

"In what might be yet another sign that Marvel should begin to fret that the U.S. Supreme Court could review a massive superhero rights dispute, the respected attorney Tom Goldstein is now co-representing Jack Kirby's family members. Goldstein is perhaps most famous for running the invaluable SCOTUSblog, which on July 21 highlighted Kirby v. Marvel Characters as its "Petition of the Day."

The dispute started when the family of comic book legend Kirby sent termination notices to Marvel and its licensees Sony, Fox and Universal over such superhero characters as Spider-Man, X-Men, Captain America, Iron Man, Incredible Hulk and others. The bid fell short when the 2nd Circuit Court of Appeals affirmed a lower court's ruling that the former Marvel freelancer had contributed his materials as a "work made for hire." As such, Marvel was considered the statutory author, and Kirby (and his heirs) never had any termination rights under the 1976 Copyright Act.

The high court has been asked to review the 2nd Circuit opinion, and in recent months there's been signs that it could indeed be taken up: Justice Ruth Bader Ginsburg told Marvel to respond to a cert petition after it initially declined to do so. Then Kirby's side got amicus support from the former director of the U.S. Patent and Trademark Office, the former U.S. register of copyrights and various Hollywood labor guilds."

Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court (Exclusive); Hollywood Reporter, 6/19/14

Eriq Gardner, Hollywood Reporter; Jack Kirby's Heirs Get Huge Support in Quest to Bring Marvel Fight to Supreme Court (Exclusive) :

"The case is Lisa Kirby v. Marvel Characters, concerning whether the estate of comic book legend Jack Kirby can terminate a copyright grant on such creations as Spider-Man, X-Men, The Incredible Hulk and The Mighty Thor. In August 2013, the 2nd Circuit Court of Appeals affirmed a lower court's ruling that determined Kirby's heirs couldn't wrest back his share of rights to these characters because the former Marvel freelancer had contributed his materials as a "work made for hire." As such, Marvel was considered the statutory author, and Kirby (and his heirs) never had any termination rights under the 1976 Copyright Act to begin with.

In the past couple of months, there have been growing signs that the case might indeed be picked up at the Supreme Court for review."

Jack Kirby’s heirs take Marvel copyright fight to Supreme Court; ComicBookResources.com, 4/3/14

Kevin Melrose, ComicBookResources.com; Jack Kirby’s heirs take Marvel copyright fight to Supreme Court:

"Claiming an appeals court “unconstitutionally appropriated” Jack Kirby’s copyrights and gave them to Marvel, the late artist’s heirs have taken their fight with the comics publisher to the U.S. Supreme Court.

In a petition filed March 21, and first reported by Law 360, Kirby’s children argue “it is beyond dispute” that the artist’s Marvel work between 1959 and 1963 was not produced as “work for hire” and, therefore, is subject to a clause in the U.S. Copyright Act that permits authors and their heirs to reclaim copyrights transferred before 1978.

The appeal follows an August decision by the Second Circuit upholding a 2011 ruling that Kirby’s Marvel works were indeed made at the “instance and expense” — that term plays a significant role in the heirs’ petition — with the publisher assigning and approving projects and paying a page rate; in short, they were “work for hire.” As such, the courts found, the 45 copyright-termination notices the artist’s heirs filed in 2009 for such characters as the Avengers, the X-Men, the Fantastic Four and the Hulk were invalid."

DC wins ‘final’ appeal in long battle over Superman rights; ComicBookResources.com, 11/22/13

Kevin Melrose, ComicBookResources.com; DC wins ‘final’ appeal in long battle over Superman rights: "As Deadline reports, in a 2-1 vote the Ninth Circuit on Thursday tied up the loose ends in what it describes as “the long-running saga regarding the ownership of copyrights in Superman — a story almost as old as the Man of Steel himself,” reaffirming an October 2012 ruling that the Shuster estate is prevented from reclaiming the artist’s stake in the character by a 20-year-old agreement with DC."

Taking Back 'Funkytown': Songwriters Prepare For A Custody Battle; NPR's All Things Considered, 9/12/13

Joel Rose; NPR's All Things Considered Taking Back 'Funkytown': Songwriters Prepare For A Custody Battle: "When Congress revised U.S. copyright law in the 1970s, it granted "termination rights" to musicians and other creators, which allow them to regain control of their works after 35 years. (The law only applies to sound recordings released in 1978 or after.) Abdo says reclaiming ownership of "Funkytown" would allow his client to earn more in licensing fees and other revenues — exactly as Congress intended. "If you have a big hit or several big hits, then all of a sudden the deal that you made early in your career doesn't seem quite fair because it was very lopsided," Abdo says. "It gives the author a chance to get a second bite at the apple."... [O]ne big hurdle artists face is the question of whether a sound recording is a "work for hire." Since the 1970s, many labels have insisted on contract language that seems to define artists as employees of the label, Slotnick says."

A Copyright Victory, 35 Years Later; New York Times, 9/10/13

Larry Rohter, New York Times; A Copyright Victory, 35 Years Later: "In the lucrative world of music copyright, it may be something of a watershed moment: on Friday, after six years of legal wrangling and decades after he wrote the lyrics to the hit song “YMCA,” Victor Willis will gain control of his share of the copyright to that song and others he wrote when he was the lead singer of the 1970s disco group the Village People. Mr. Willis, who dressed as a policeman during the group’s heyday, was able to recapture those songs, thanks to a little-known provision of copyright legislation that went into effect in 1978. That law granted musicians and songwriters what are known as “termination rights,” allowing them to recover control of their creations after 35 years, even if they had originally signed away their rights."

Publishers brace for authors to reclaim book rights in 2013; paidContent, org, 11/27/12

Jeff John Roberts, paidContent.org; Publishers brace for authors to reclaim book rights in 2013: "Termination rights are not a new idea and have been the subject of famous court cases involving John Steinbeck, Lassie and Superman. The difference is that these older cases are based on a pre-1978 law that often required an author to exercise renewal rights which, in many cases, the author had signed away. The new law has fewer such loopholes and will also mean that what has been a drip-drip of old copyright cases could turn into a flood as nearly every book published after 1978 becomes eligible for termination. The 1978 law also means a threat to the back list of titles that are a cash cow for many publishers."

Village People Singer Wins a Legal Battle in Fight to Reclaim Song Rights; New York Times, 5/8/12

Larry Rohter, New York Times; Village People Singer Wins a Legal Battle in Fight to Reclaim Song Rights:

"In a court ruling with significant implications for the music industry, a California judge has dismissed a suit by two song publishing companies aimed at preventing Victor Willis, former lead singer of the 1970s disco group the Village People, from exercising his right to reclaim ownership of “YMCA” and other hit songs he wrote.

Early last year, Mr. Willis invoked a provision of copyright law called “termination rights,” which gives recording artists and songwriters the ability to reacquire and administer their work themselves after 35 years have elapsed."

Songwriters Group Backs Village People Singer in Rights Case; New York Times, 12/20/11

James C. McKinley, Jr., New York Times; Songwriters Group Backs Village People Singer in Rights Case:

"The Songwriters Guild of America has entered a legal battle between Victor Willis, the lead singer of the Village People, and the publishing company that owns the copyrights to the group’s songs, saying the case is an important test of a songwriters’ right to regain control of his or her work after 35 years."