Authors able to reclaim joint copyrights

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Authors able to reclaim joint copyrights

Cases of the Year 2012: Scorpio v Willis

villagepeople.jpg

The result

Victor Willis is entitled to terminate Scorpio Music’s rights in his songs

The impact

Authors can reclaim copyright even when they are not the only right holder

Victor Willis, the policeman in the music group The Village People, sued Scorpio Music in an effort to reclaim rights to songs he helped write, including the hits YMCA, In the Navy and Go West. Willis sought to reclaim the rights under Section 203 of the US Copyright Act, which gives authors the right to terminate grants of copyright made after January 1 1978, provided they exercised the grant at least 35 years earlier. Scorpio requested a declaratory judgment that the notice had been improperly filed, as Willis did not represent a majority of the creators of the work. In May, the US District Court for the District of California ruled that Willis could terminate the agreement because he had assigned his rights separately from the other copyright holders. The case has opened the door for other artists to pursue similar claims. Bob Dylan, Tom Petty and Kris Kristofferson are among those now seeking the return of their rights

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

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