11/9/2023 0 Comments King of spades bar![]() Although the transactions are not entirely clear, it appears from LaVere's declaration that the Johnson Estate acknowledged his agreement with Johnson's sister, and that he and the Administrator of the Johnson Estate entered into a contract whereby the Estate authorized LaVere to act as the Estate's agent for purposes of exploiting the Johnson copyrights (as he had with Thompson) in exchange for LaVere's remitting fifty percent of the royalties received from the boxed set of Johnson compositions. 1990) (for standing a plaintiff must have a real and reasonable apprehension that he will be subject to liability if he continues to manufacture his product).ĭelta Haze also argues that ABKCO's action should have been dismissed for failure to join the Johnson Estate, the beneficial owner of the copyrights, as an indispensable party under Rule 19 of the Federal Rules of Civil Procedure. ![]() 1991) (a plaintiff seeking declaratory relief must show a very significant possibility of future harm for standing) Hal Roach Studios, Inc. Therefore, when ABKCO filed its action for declaratory relief on November 9, 1995, there was an actual controversy with respect to rights in the Johnson works sufficient to confer standing. Suit was clearly threatened in June and August of 1995. Further, the record shows that from Delta Haze's Februletter on, both parties understood the dispute to involve all Johnson works recorded by the Rolling Stones, including Stop Breakin' Down as well as Love in Vain. Eu 326810) on Stop Breaking Down Apas an "adaptation of words & music of a work in P.D." The registration reflects Mick Jagger and Keith Richard as authors. We disagree that the complaint's failure specifically to mention Stop Breakin' Down matters, for the record shows that ABKCO in fact filed a copyright registration (No. * Delta Haze contends that ABKCO lacks standing because it did not allege ownership and registration with respect to Stop Breakin' Down as well as Love in Vain, and averred that it filed this action on account of a threatened suit for infringement arising only from Love in Vain. Delta Haze counterclaimed for a declaration that no protectable copyright interest exists in The Rolling Stones' versions of Love in Vain and Stop Breakin' Down and that it, rather than ABKCO, is the sole owner of the legal copyright in these compositions. It sought an order that the Johnson versions of Love in Vain and Stop Breakin' Down are in the public domain under La Cienega. ![]() When it became clear they were going nowhere and Delta Haze threatened to sue in the summer of 1995, ABCKO filed this action for declaratory relief on November 9, 1995. In February 1993 Delta Haze demanded that ABKCO cease and desist from unlicensed uses of the Johnson songs. LaVere filed a copyright registration for the Columbia release in 1991. Columbia evidently recognized Johnson's common law copyrights as, eventually, did other successful pop artists who adapted Johnson's works. Love in Vain and Stop Breakin' Down were included. In 1990, Columbia Records released a two-CD boxed set of Johnson's recordings entitled Robert Johnson -The Complete Recordings.
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