858 F. Supp. 2d 903
N.D. Ohio2012Background
- Plaintiff Michael Corwin seeks declaratory judgment and accounting regarding 31 songs created during his Rediscover membership.
- Defendant Wesley Quinonez is founder of Rediscover and contends he is the sole author and owner of the songs.
- Defendant moves for summary judgment on the declared authorship issue; plaintiffs complaint would be dismissed if defendant prevails.
- Four Rediscover albums (Out of Touch, Call Me When You Get This, Sleepless Nights, Lost Songs) contain the 31 disputed songs, with recording history described for each album.
- BMI registrations registered four songs in equal shares among the four members, suggesting some royalty sharing but not resolving authorship.
- Defendant later secured four copyright registrations naming Quinonez as sole author and claimant after this suit was filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Joint authorship under Childress test | Corwin alleges mutual intent to be joint authors and independently copyrightable contributions. | Quinonez contends there was no mutual intent to joint authorship. | Corwin fails first prong; no joint authorship. |
| Effect of copyright registration on joint authorship claim under 411(a) | Plaintiff argues 411(a) bars suit due to lack of registration. | Defendant asserts no infringement action and registration issues are inapposite for declaratory relief. | 411(a) not applicable to declaratory judgment on joint authorship; suit survives this issue. |
| Sole authorship and ownership by Quinonez | Plaintiff claims joint or co-authorship of compositions and sound recordings. | Defendant presents sole authorship evidenced by post hoc registrations and control in production. | Court grants summary judgment; Quinonez is sole author and owner. |
| BMI registrations as evidence of joint authorship | BMI registrations showing four-way equal shares support joint authorship. | Registrations by all members do not prove joint authorship between Corwin and Quinonez; evidence is insufficient. | BMI registrations do not establish joint authorship between Corwin and Quinonez; insufficient. |
Key Cases Cited
- Gaiman v. McFarlane, 360 F.3d 644 (7th Cir. 2004) (suit for declaration of joint authorship is not infringement action)
- Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991) (test for joint authorship: intent and independently copyrightable contribution)
- Thomson v. Larson, 147 F.3d 195 (2d Cir. 1998) (intent not strictly subjective; factors beyond words matter)
- Erickson v. Trinity Theatre, Inc., 13 F.3d 1061 (7th Cir. 1994) (independently copyrightable contribution required; intent standard applied)
- Janky v. Lake County Convention & Visitors Bureau, 576 F.3d 356 (7th Cir. 2009) (illustrates joint authorship concepts in practice)