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Latin Songs Sold Without License
Highest Court S.D. New York
Year Ended 2010
Plaintiffs EMI Entertainment
Harry Fox Agency
Defendants Karen Records
Other Aguilar, Grover Walter Leon
Berti, Vico
Favio, Leonardo
Mano, Nacho
Sanz, Alejandro
Short Description The Defendant is a Latino music recording company. This case involved the licenses to four songs granted by a large mechanical licensing company. The publisher later terminated the licenses due to a lack of payments. The same parties had been involved in prior copyright infringement, and as part of the settlement, the publisher audited the Defendant's books, finding over $500,000 in unpaid royalties. After more rounds of litigation, this current suit was filed, as the Plaintiff alleged that the publisher had again terminated the licenses. The Defendant claimed it had valid licenses and argued the suit was barred by procedural hurdles. The Court found the Defendant had acquired the licenses, although there were some harmless defects in the licensing requests. The Court declined to answer whether a license could be denied if there were unpaid prior licenses, but found that the licenser acted as an agent of the Plaintiff, a publishing company. The licenses can easily be terminated for failure to pay royalties. The Court also found that the three-year statute of limitations, which does not fall under a continuing harm theory, would not bar claims for sales of albums made before that cut-off. The Court also rejected the Defendant's argument that the Plaintiff waived all claims by accepting royalty payments for other claims and that the history of litigation between the two parties stopped the Defendant from claiming a defense of laches. The Defendant later attempted to have the default reconsidered but was denied because it inappropriately raised new arguments. - JMC

Legal Issues
Civil Procedure Evidence Admissibility
Copyrights General Compulsory Licensing
  Infringement Reproduction & Distribution/Dissemination
  Ownership Assignments, Licenses & Renewal Rights
General Affirmative Defenses Statutes of Limitation
  Equitable Defenses Laches
    Waiver, Estoppel & Acquiescence


Opinions EMI Entertainment World, Inc. v. Karen Records, Inc.
681 F.Supp.2d 470
S.D. New York , January 26, 2010 ( No. 05 CV 390(RJH)(JCV) )


EMI Entertainment World, Inc. v. Karen Records, Inc.
603 F.Supp.2d 759
S.D. New York , March 27, 2009 ( No. 1:05-cv-00390-RJH-JCF )


EMI Entertainment World, Inc. v. Karen Records, Inc.
2008 WL 1986243
S.D. New York , May 05, 2008 ( No. 05 Civ. 390(CSH)(JSF) )


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Related Searches Parties
Aguilar, Grover Walter Leon ( Other )
Berti, Vico ( Other )
EMI Entertainment ( Plaintiff )
Favio, Leonardo ( Other )
Harry Fox Agency ( Plaintiff )
Karen Records ( Defendant )
Mano, Nacho ( Other )
Sanz, Alejandro ( Other )

Legal Issues
Civil Procedure / Evidence / Admissibility
Copyrights / General / Compulsory Licensing
Copyrights / Infringement / Reproduction & Distribution/Dissemination
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
General / Affirmative Defenses / Statutes of Limitation
General / Equitable Defenses / Laches
General / Equitable Defenses / Waiver, Estoppel & Acquiescence

Courts
S.D. New York (highest court)


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