Songbyrd, Inc. v. Estate Of Albert B. Grossman

23 F. Supp. 2d 219 (N.D.N.Y. 1998)

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Nature of the Case

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Facts

A dispute erupted over the possession, ownership, and usage of several master recordings made by Professor Longhair Byrd in the early 1970's. The tapes were produced in Baton Rouge and soon thereafter came into the possession of a predecessor in interest to Bearsville in New York near Woodstock. The tapes were licensed and released on albums by two different labels. P filed an action in Louisiana which was removed by Bearsville to federal court. Then Bearsville moved to dismiss under rule 12(b). The court held that the action was barred by Louisiana's period of prescription and granted the motion without addressing jurisdiction. Songbyrd appealed, and the Fifth Circuit of appeals reversed; the claim was not prescribed under Louisiana law. On remand, personal jurisdiction was considered, and the case was once again dismissed. A motion to dismiss was made in New York under the statute of limitations.