AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.
Create a link to this page
Copy and paste this link tag into your Web page or blog:
Copyright holder has trouble dealing with rejection: the Eleventh Circuit teaches a harsh lesson to a rap artist that failed to protect himself in his contract or in the Chapter 11 case of his recording company.(selected topic)
The Eleventh Circuit's recent decision in Thompkins v. Lil' Joe Records, Inc. provides a graphic illustration of how bad things can happen to copyright holders who do not factor in the potential bankruptcy of another contracting party. The facts presented a nightmare scenario for the recording artist Jeffrey Thompkins, who performed under the name "JT Money" as part of a group named "Poison Clan." Thompkins had transferred title in his copyrights to a recording company, Luke Records, without retaining control over the copyrights. He then compounded his woes by failing to protect his rights in Luke Records' Chapter 11 bankruptcy case. The Eleventh Circuit found that the district court properly dismissed Thompkins' copyright infringement claims against the purchaser of the copyrights in bankruptcy, Lil' Joe Records, Inc. The court reached its conclusion based on:
(1) the rejection of Thompkins' contracts by the debtor, Luke Records;
(2) Luke Records' sale of the copyrights to Lil' Joe free and clear of liens; and
(3) Thompkins' failure to object to the sale or prosecute his claims in bankruptcy court.
The Eleventh Circuit found that the terms of Thompkins' contracts did not support a copyright infringement claim against the asset purchaser, Lil' Joe, nor did Luke Records' subsequent rejection of the contracts support Thompkins' claim that title to the copyrights somehow reverted back to him. This article discusses the reasons for the Eleventh Circuit's holding and possible strategies for intellectual property owners seeking to avoid Thompkins' plight.
Thompkins' Contracts Convey His Copyrights to Luke Records
In 1989, Thompkins entered into an exclusive recording agreement with Luke Records. He agreed to make albums under the group name "Poison Clan." Among other things, his agreement transferred his copyrights in a number of songs to Luke Records. The agreement left Thompkins with the right to collect royalties on records released by Luke Records; however, it gave him no control over the copyrights. In another agreement, Thompkins granted Luke Records part ownership in his musical composition copyrights.
- Eleventh Circuit reverses TC decision in UPS.(Tax Court, United Parcel Service...
- Magazine article from: The Tax Adviser Sair, Edward A. March 1, 2002 700+ words
In June 20, 2001, the Eleventh Circuit reversed and remanded the Tax...business purpose. On appeal, the Eleventh Circuit held that UPS's restructured...penalties. On appeal, the Eleventh Circuit considered whether the restructured...
- Eleventh Circuit Slaps Sanctions On Plaintiffs For Pursuing Libel Suit Based On...
- News wire article from: Mondaq Business Briefing April 4, 2008 700+ words
The Eleventh Circuit Court of Appeals has reversed the...of success." On appeal, the Eleventh Circuit reversed, emphasizing that the...law." As to publication, the Eleventh Circuit reaffirmed the rule that material...
- Eleventh Circuit limits punitive damages awards.
- Magazine article from: Trial Reichert, Jennifer L. July 1, 1999 700+ words
...reduction," a three-judge panel of the Eleventh Circuit Court of Appeals shunned the remittitur...Engineering appealed the judgment, but the Eleventh Circuit affirmed without comment. The defense...Supreme Court, which vacated the Eleventh Circuit's judgment based on its punitive...
- Recent court cases: Eleventh Circuit creates conflict. (decisions in employment...
- Magazine article from: Employee Rights Quarterly Mitchell, Dominic D. June 22, 2002 700+ words
Cases force the Eleventh Circuit to review the boundaries of...Recently, the Eleventh Circuit Court of Appeals decided two...federal circuit courts. The Eleventh Circuit held in Pijnenburg v. West...
- Eleventh Circuit reverses itself in police immunity case.
- Magazine article from: Trial Jurand, Sara Hoffman November 1, 2003 700+ words
...suspect's civil rights claims, the Eleventh Circuit changed its mind. In a highly unusual...We simply don't know why the Eleventh Circuit reached a different decision," said...were also dismissed. On appeal, the Eleventh Circuit initially found that Cox had, in...
- Eleventh Circuit Joins Growing List Of Federal Courts To Reject The Medical...
- News wire article from: Mondaq Business Briefing August 29, 2007 700+ words
...3d 1324 (11th Cir. 2007), the Eleventh Circuit Court of Appeals held that the medical...suffer. Adkins v. Christie - The Eleventh Circuit's Analysis Dr. Russell Adkins filed...summary judgment. On appeal to the Eleventh Circuit, Dr. Adkins argued that the peer...
- Eleventh Circuit bars preemption in medical device case.
- Magazine article from: Trial Brienza, Julie May 1, 1999 700+ words
...Medtronic, Inc. v. Lohr decision, the Eleventh Circuit has found that state products liability...district court's decision, the Eleventh Circuit found that manufacturers of medical...116 S. Ct. 2240 (1996).) The Eleventh Circuit's decision is important to plaintiff...
- Eleventh Circuit revives disability bias lawsuits against states.
- Magazine article from: Trial Hellwege, Jean December 1, 2003 700+ words
...Court for round two. On remand, the Eleventh Circuit concluded that state sovereign immunity...in the case. "At least within the Eleventh Circuit, any state entity that accepts federal...assistance." In Garrett II, the Eleventh Circuit noted that it had already decided...
- Cruise line liable for rape by crewman on shore, Eleventh Circuit holds.
- Magazine article from: Trial Jablow, Valerie April 1, 2005 700+ words
...when the crime occurs on shore, the Eleventh Circuit has held. The decision by a three...judgment for the cruise line, the Eleventh Circuit noted that the district court "lacked...especially so, he said, given that the Eleventh Circuit, unlike the First and Ninth circuits...
- Eleventh Circuit Clarifies Notice Requirements Under Older Workers Benefit...
- News wire article from: Mondaq Business Briefing Howard, George. Jr. August 15, 2006 700+ words
...not eligible for the program. The Eleventh Circuit on July 11, 2006 addressed what it...regions affected by the reduction. The Eleventh Circuit's decision in Burlison v. McDonald...do in Burlison. In Burlison, the Eleventh Circuit considered the "ambiguous" notice...
Source: HighBeam Research, Copyright holder has trouble dealing with rejection: the Eleventh...