Gomba Music Inc. v. Avant
225 F. Supp. 3d 627
E.D. Mich.2016Background
- In 1966 Rodriguez signed manager, recording, and an exclusive songwriter agreement with entities tied to Harry Balk (Gomba), granting Gomba rights to songs written during the term. Balk later took a job at Motown and Gomba’s activity ceased.
- Balk recorded and copyrighted one Rodriguez song (“Forget It”) in 1967; Rodriguez later registered and assigned copyrights for nine songs that appeared on the 1970 album Cold Fact, credited to entities or Jesus Rodriguez, not Sixto.
- Clarence Avant (Interior Music / Sussex Records) produced, published, and released Cold Fact in 1970 after contracting with Rodriguez; Avant financed the album and Interior registered notices of use attributing authorship to non-Sixto entities.
- Balk alleges he owned the Cold Fact songs under the prior exclusive writer agreement and filed suit in 2014 asserting copyright ownership, infringement, fraud on the Copyright Office, and related state-law claims; Interior brought a third-party claim against Rodriguez for breach of warranties and failure to cooperate.
- The court found extensive contemporaneous evidence (communications, assignments, registrations, and Balk’s own conduct) showing Balk effectively abandoned the songwriter agreement, failed to investigate obvious “red flags” at the time of the album’s release, and delayed suit for decades until post-documentary publicity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of state-law fraud/tort claims (fraudulent concealment tolling) | Balk says Defendants concealed authorship; tolling applies so his late suit is timely | Defendants say Balk had inquiry notice by 1970 and did nothing; concealment insufficient to excuse delay | Held: Defendants entitled to summary judgment on state-law claims; Balk was chargeable with inquiry notice by 1970 and cannot rely on concealment to toll limitations |
| Timeliness of copyright-ownership claim | Balk contends ownership claim timely under discovery rule | Defendants contend claim is time-barred | Held: Ownership claim not dismissed on timeliness; court applies "plain and express repudiation" accrual rule and finds no such repudiation before release, so ownership claim survives timeliness challenge |
| Timeliness of copyright-infringement claim | Balk seeks relief for past infringement | Defendants argue entire claim is time-barred | Held: Infringement claim is time-barred except for acts within 3 years prior to filing; accrual based on inquiry notice, and Balk was chargeable earlier |
| Whether Balk retained ownership rights to Cold Fact compositions (abandonment/assignment) | Balk claims Gomba (and thus he) retained rights and did not abandon performance under the songwriter agreement | Defendants argue Balk abandoned the agreement (moved to Motown, assigned or acquiesced to Jobete, ceased performance and administration) | Held: Defendants entitled to summary judgment on ownership and all related Copyright Act claims; court finds abandonment and/or effective transfer to Jobete, and Balk failed to rebut evidence of abandonment |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting framework)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (view evidence in light most favorable to nonmoving party; summary judgment standards)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (genuine issue of material fact standard at summary judgment)
- Roger Miller Music, Inc. v. Sony/ATV Publ’g, LLC, 477 F.3d 383 (statute of limitations accrual rules for copyright ownership vs. infringement)
- Ritchie v. Williams, 395 F.3d 283 (discussing plain and express repudiation accrual rule for ownership claims)
- Kwan v. Schlein, 634 F.3d 224 (treating express repudiation as a way to show discovery/chargeable knowledge for ownership accrual)