Laws v. Sony Music Entertainment, Inc.

448 F.3d 1134 (9th Cir. 2006)

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Nature of the Case

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Facts

P and Spirit Productions (Spirit) entered into a recording agreement with Elektra/Asylum Records (Elektra) to produce master recordings of P's vocal performances for Elektra. The agreement gave Elektra the 'sole and exclusive right to copyright such master recordings' and 'the exclusive worldwide right in perpetuity . . . to lease, license, convey or otherwise use or dispose of such master recordings.' Elektra also secured the right 'to use and to permit others to use your name, the Artist's name . . . likeness, other identification, and biographical material concerning the Artist . . . in connection with such master recordings.' Elektra agreed that 'it shall not, without P's prior written consent, utilize or authorize others to utilize the Masters in any so-called 'audio-visual' or 'sight and sound' devices intended primarily for home use,' and 'we or our licensees shall not, without your prior written consent, sell records embodying the Masters hereunder for use as premiums or in connection with the sale, advertising or promotion of any other product or service.' In 1981, P recorded the song 'Very Special,' which was released on P's album on the Elektra label. Elektra copyrighted the song that same year. In November 2002, Elektra's agent, Warner Special Products, Inc., entered into an agreement with Sony Music Entertainment, Inc. (D) to grant D a non-exclusive license to use a sample of P's recording of 'Very Special' in the song 'All I Have,' performed by recording artists Jennifer Lopez and L.L. Cool J. P had to include a credit stating, 'Featuring samples from the P recording 'Very Special' ' in any reproduction. Warner, Elektra's agent, did not seek permission from P or Spirit before it released the disc and video, and neither P nor Spirit was compensated. The sampled portions include a segment approximately ten seconds in length at the beginning of 'All I Have,' and shorter segments repeated in the background throughout the song. The song and Lopez's album, 'This is Me . . . Then,' became a huge commercial success, netting over forty-million dollars. At one time 'All I Have' was the number one song in the United States. P sued D in part for a common law claim for invasion of privacy for the misappropriation of P's name and voice and (2) a claim for misappropriation of P's name and voice for a commercial purpose under California Civil Code § 3344. D removed the case to the federal District Court. D filed a summary judgment motion, which was granted in that both of P's misappropriation claims were preempted by the Copyright Act. P appealed.