Johnson v. Tuff N Rumble Management, Inc. No. Civ. A.

Facts

Joseph Johnson (P) and Wardell Quezergue, claim that they are the sole composers and copyright owners of the song It Ain't My Fault. Quezergue registered a copyright to It Ain't My Fault with the United States Copyright Office on June 22, 1964. On the copyright application, Quezergue listed himself and P as the authors and copyright owners of the song. Ps attest that they never assigned any of their interest in the copyright of the song to Jones, Melder Publishing, or any other entity, firm or corporation owned by Jones. Jones, appearing herein pro se, claims a 50% ownership of the song by transfer from Johnson. By a signed Power of Attorney on April 14, 1992, P granted Jones power of attorney in all matters connected with the use of It Ain't My Fault. Jones, as P's 'authorized agent,' filed a copyright registration to It Ain't My Fault in the name of Smokey Johnson Publishing Co. & Melder Publishing Co. The registration indicated that Smokey Johnson Publishing & Melder Publishing had obtained ownership of the copyright 'by written agreement.' Two copyright renewals relative to the 1964 and the 1992 registrations were filed, and both renewal documents identify Johnson and Quezergue as authors and Joseph Johnson c/o Melder Publishing and Wardell Quezergue c/o Melder Publishing as copyright owners of It Ain't My Fault. Ps now move for summary judgment on the grounds that no genuine issue of fact exists as to whether Jones owns a copyright interest in It Ain't My Fault. Ps argue that Jones has failed to produce a valid written assignment as required to establish his ownership under federal copyright law. Ps also move for sanctions against Jones, arguing that his memoranda submitted in opposition to the summary judgment motion violate Rule 11 of the Federal Rules of Civil Procedure. Jones opposes both motions.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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