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Obscure Disco Royalty Dispute
Highest Court N.D. Illinois
Year Ended 2010
Plaintiffs Music Producer(s)
Songwriter(s)
Defendants Music Distributor(s)
Music Executive(s)
Music Publisher(s)
Record Label(s)
Other Air Power
Short Description Air Power is an obscure disco act that released several singles in 1978, each of which is subject to this dispute, that received limited-but-noteworthy public reception. Defendants are various companies--record labels, publishers, distributors--involved in the release of the singles, and the executive at their helms. Plaintiff, one of Air Power's principal songwriters, producers, and publishers, alleged that he was never paid any royalties from the original release of the songs in 1978, though one song sold around 25,000 copies within a few weeks. He sued for fraud, breach of contract, and termination of the copyrights granted to Defendants. On a motion to dismiss on the pleadings, the court found for Defendant. Plaintiff had no right to terminate the grant to Defendants, because Plaintiff was only one of two co-authors, and his co-writer did not agree to termination. Regarding the breach of contract and fraud claims, Plaintiff's case may have been successful, if only it was brought 25 years earlier. Now there's a little something called the statute of limitations. - LSW

Legal Issues
Contracts Breach Payment & Performance
Copyrights Ownership Assignments, Licenses & Renewal Rights
General Affirmative Defenses Statutes of Limitation
Torts Economic Torts Fraud, Misrepresentation & Inducement


Opinions Nance v. Equinox Music
2010 WL 4340469
N.D. Illinois , October 22, 2010 ( No. 09-cv-7808 )


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Related Searches Parties
Air Power ( Other )
Music Distributor(s) ( Defendant )
Music Executive(s) ( Defendant )
Music Producer(s) ( Plaintiff )
Music Publisher(s) ( Defendant )
Record Label(s) ( Defendant )
Songwriter(s) ( Plaintiff )

Legal Issues
Contracts / Breach / Payment & Performance
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
General / Affirmative Defenses / Statutes of Limitation
Torts / Economic Torts / Fraud, Misrepresentation & Inducement

Courts
N.D. Illinois (highest court)


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