box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Loretta Lynn vs. Music Publisher
Highest Court Sixth Circuit
Year Ended 2007
Plaintiffs Lynn, Loretta
Defendants Music Publisher(s)
Other No Other parties on file
Short Description Loretta Lynn is a longstanding country superstar whose career dates back to the 1960s and continues until today. This lawsuit arose from a music publishing contract she signed in 1961, at the beginning of her career, with Defendant Sure-Fire Music. According to the agreement, the relationship would cease if Defendant's ownership changed hands, as Lynn wished to retain assocation with specific management. By 2003, only two of the original owners still controlled the company, and Lynn believed this meant their agreement was at an end. She sued in state court alleging various causes of action, principally a declaratory judgment that her copyrights were no longer owned by Defendants, but also alleging breach of contract and good faith/fair dealing and conversion. In state court, Defendants successfully argued the action was federal in nature and thus completely preempted by the Copyright Act. Lynn filed the same suit in federal court, who decided the action was state-based after all, and dismissed for lack of subject matter jurisdiction. Seeking to avoid re-litigation, Defendants appealed, arguing federal jurisdiction existed. The Circuit Court disagreed and affirmed the dismissal. Under the "equivalency" test for federal preemption, the court found Lynn's actions were not merely rephrasing copyright theories, but were based on contract interpretation, contract breach, and property ownership. Dismissal affirmed. - LSW

Legal Issues
Conflicts of Law Jurisdiction & Forum Subject Matter Jurisdiction
Contracts Breach Good Faith & Fair Dealing
    Payment & Performance
Copyrights Ownership Assignments, Licenses & Renewal Rights
    Declaratory Judgment
    Joint Authorship, Works-for-Hire & Derivative Creations
General Affirmative Defenses Federal Preemption
  Equitable Remedies Accounting
Torts Property Torts Conversion


Opinions Lynn v. Sure-Fire Music Co., Inc.
237 Fed. Appx. 49
Sixth Circuit , June 06, 2007 ( No. 06-5358 )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Lynn, Loretta ( Plaintiff )
Music Publisher(s) ( Defendant )

Legal Issues
Conflicts of Law / Jurisdiction & Forum / Subject Matter Jurisdiction
Contracts / Breach / Good Faith & Fair Dealing
Contracts / Breach / Payment & Performance
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
Copyrights / Ownership / Declaratory Judgment
Copyrights / Ownership / Joint Authorship, Works-for-Hire & Derivative Creations
General / Affirmative Defenses / Federal Preemption
General / Equitable Remedies / Accounting
Torts / Property Torts / Conversion

Courts
Sixth Circuit (highest court)


permalink to this entry