It Takes a Village (People) to Restore a Copyright

Count United States District Court for the Southern District of California Chief Judge Barry Ted Moskowitz among the fans of former Village People lead vocalist Victor Willis.

 In a 10-page decision in Scorpio Music S.A. v. Willis (Case No. 11-cv-1557) earlier this month, Judge Moskowitz granted the Village People singer/songsmith's motion to dismiss the complaint by a French music publisher against Willis (he was the "Cowboy," readers--stay with us). During a six-year struggle to recoup an ownership interest in YMCA, In the Navy, Go West and 30 other songs that blared in discotheques three decades ago when the rocking "TUOL" staff still had sideburns, Willis in 2011 served a notice of termination rights on the plaintiff pursuant to a controversial 1978 provision of the U.S. Copyright Act [17 U.S.C. § 203].

Under Section 203, an author who serves notice under certain conditions to terminate the transfer or license of a copyright within a five-year period commencing after 35 years from the date the grant of copyright was executed may recover an ownership interest. Section 203 is applicable to the case because Willis penned the 33 songs in issue after 1978 (the group's signature song, Macho Man, was written before the 1978 Copyright provision took effect, and is not a part of the case).  The Court rejected the favored argument of record companies and music publishers that they, not the composers, own the copyrights in perpetuity because the songs are "works for hire" created by artists who  were employees of the companies.

Scorpio Music is appealing the adverse ruling. Before "Cowboy" Willis rides off into the sunset, he'll also have to deal with French record producer Henri Belolo, a purported co-writer of YMCA and other Village People hits, who is seeking a court determination of his ownership interest, according to an account in The New York Times.  Jacques Morali, who collaborated with Willis on cranking out Village People tunes, died in 1991. If the appellate court upholds the termination of rights, what percentage of revenues and interest Willis would recover would have to be determined.

Federal Judge Enjoins Co.'s Streaming TV Stations' Programming

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U.S. District Court for the Southern District of New York Judge Naomi Reice Buchwald this week issued an injunction against Seattle-based ivi, Inc., preventing the Internet company from streaming programming of New York and Seattle television stations to its subscribers online and to mobile phones.

In the copyright infringement action, WPIX, Inc. et al. v. ivi, Inc. & Todd Weaver (Case No. 10-Civ-7415-(NRB)) Judge Buchwald enjoined the company from directly or indirectly infringing on the plaintiffs' exclusive rights under Sec. 106(1)-(5) of The U.S. Copyright Act [17 U.S.C. secs. 101-810] during the pendency of the litigation.  The defendant, which charges $4.99 a month to subscribers nationwide to stream content from television stations in New York and Seattle, argues it may do so as a "cable system" under the Copyright Act, yet contends it is not a "cable system" as defined by the Communications Act of 1934 [47 U.S.C. sec. 151 et seq.] as amended by the Telecommunications Act of 1996 [P.L. No. 104-104, 110 Stat. 56], which would require the four-year-old company to obtain re-transmission consent from the affected television stations.

Judge Buchwald did not seem impressed by the defendants' tightware-walking argument, ruling it was "extraordinarily unlikely that ivi ultimately will be deemed a cable system" under The Copyright Act. For additional information, read www.Newsroomlawblog.com.