Members of 2 Live Crew have called on a US judge to dismiss a lawsuit filed against them by Florida-based Lil Joe Records and to confirm that they can terminate a 1980s record deal and reclaim the rights in all the recordings released under that deal.The music under dispute was originally released by Luke Records, the label run by 2 Live Crew member Luther Campbell.
They were then acquired by Lil Joe Records – along with other copyrights and trademarks controlled by the group – in 1996 when both Campbell and Luke Records went bankrupt.Under US copyright law, if a creator assigns – so transfers – a copyright to a business partner, that assignment can be terminated 35 years later, allowing the creator to reclaim their rights.
That particular termination right was added to US copyright law in the late 1970s and therefore started to apply in the 2010s.Certain criteria must be met and admin tasks undertaken to apply the termination right, though on the songs side of the music industry songwriters reclaiming copyrights after 35 years has become quite routine.However, on the recordings side, there remains some debate as to whether the termination right even applies.
That’s on the basis that record contracts are arguably work for hire agreements, which makes the label the default owner of any sound recording copyrights created.
Read more on completemusicupdate.com
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