Three Boys Music Corporation v. Bolton

212 F.3d 477 (9th Cir. 2000)

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Nature of the Case

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Facts

In 1964, the Isley Brothers wrote and recorded 'Love is a Wonderful Thing' for United Artists. The Isley Brothers received a copyright for 'Love is a Wonderful Thing.' The following year, they switched to the famous Motown label and had three top-100 hits including 'This Old Heart of Mine.' United Artists released 'Love is a Wonderful Thing' in 1966. The song was not released on an album, only on a 45-record as a single. The song was never listed on any other Top 100 charts. In 1991, the Isley Brothers' 'Love is a Wonderful Thing' was released on compact disc. Michael Bolton gained popularity in the late 1980s and early 1990s by reviving the soul sound of the 1960s. Bolton has orchestrated this soul-music revival in part by covering old songs such as Percy Sledge's 'When a Man Love a Woman' and Otis Redding's '(Sittin' on the) Dock of the Bay.' Bolton also has written his own hit songs. Bolton and Goldmark wrote a song called 'Love Is a Wonderful Thing.' Bolton released it as a single in April 1991, and as part of Bolton's album, 'Time, Love and Tenderness.' Bolton's 'Love Is a Wonderful Thing' finished 1991 at number 49 on Billboard's year-end pop chart. On February 24, 1992, P filed a copyright infringement action for damages against Ds. The jury determined that Ds had infringed the Isley Brothers' copyright. Ds filed a motion for judgment as a matter of law and a motion for a new trial. The district court denied the motions. In the final judgment entered against Ds, the district court ordered Sony Music to pay $4,218,838; Bolton to pay $932,924; Goldmark to pay $220,785; and their music publishing companies to pay $75,900. Ds appealed.