Copyright - phonorecords - Ninth Circuit holds that phonorecord sales "publish" the underlying musical composition. - La Cienega Music Co. v. ZZ Top
Article Abstract:
The US Court of Appeals for the Ninth Circuit ruled in La Cienega Music Co. v. ZZ Top that phonorecord sales are publication of the underlying musical composition. The case was brought regarding the ZZ Top song 'La Grange' which was claimed to infringe on the copyrights held by Bernard Besman in the song 'Boogie Chillen.' The Ninth Circuit refused to follow the rule from the 1973 case Rosette v. Rainbo Record Manufacturing Corp. in which the Second Circuit found that such sales were not publication under the Copyright Act of 1909.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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American Indian law - tribal court civil jurisdiction - Ninth Circuit holds that Blackfeet Tribal Court lacks subject matter jurisdiction over tort suit arising on reservation between member and nonmember
Article Abstract:
The US 9th Circuit Court of Appeals in Wilson v. Marchington wrongly abrogated the Blackfeet tribe's sovereignty when the Circuit court disallowed subject matter jurisdiction to the Tribal Court regarding an auto accident on tribal land between a registered tribal member and a nonmember. The Circuit court relied upon the US Supreme Court's decision in Strate v. A-1 Contractors. The two decisions threatens the viability of the tribal sovereignty over nonmembers.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Copyright - joint authorship - Second Circuit holds that dramaturg's contributions to the musical 'Rent' did not establish joint authorship with playwright-composer
Article Abstract:
The US Court of Appeals for the 2d Circuit, in Thomson v. Larson, applied the Childress test for joint authorship and found that a dramaturg's collaboration with the creator-composer of the musical play 'Rent' did not constitute joint authorship. The Court did not spell out whether an unsuccessful claimant can nevertheless retain copyright to his or her individual contributions to a larger collaboration.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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