Jackson Brumley v. Albert Brumley & Sons, Inc.
727 F.3d 574
6th Cir.2013Background
- Brumley Sr. assigned the Song’s copyright to his sons in 1975; four other children later sought termination of that transfer.
- Robert Brumley refused to recognize termination and faced a suit by the heirs.
- He argued the termination was invalid because Brumley Sr. was not the statutory author and because a 1979 assignment by Goldie affected termination rights.
- District court held Brumley Sr. was the statutory author and that Goldie’s 1979 assignment did not bar termination.
- There was a bifurcated trial: a jury determined Brumley Sr. was the statutory author; later proceedings evaluated the termination validity.
- Robert appeals evidentiary rulings on (a) a 1977 Brumley conversation and (b) two articles about Brumley Sr.’s Hartford employment status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of 1977 conversation recording | Brumley heirs | Brumley | Affirmed admissibility |
| Ancient documents articles admissibility under Rule 803(16) | Brumley heirs | Brumley | Reversed exclusion; articles admissible for trial |
| Impact of work-made-for-hire and termination on appeal | Robert | Brumley heirs | Remanded; court did not reach termination validity |
Key Cases Cited
- United States v. Taplin, 954 F.2d 1256 (6th Cir. 1992) (abuse-of-discretion standard for evidentiary rulings)
- United States v. Martinez, 430 F.3d 317 (6th Cir. 2005) (standard for evidentiary applications in appeals)
- Idaho v. Wright, 497 U.S. 805 (S. Ct. 1990) (Confrontation Clause and particularized guarantees of trustworthiness)
- United States v. Kalymon, 541 F.3d 624 (6th Cir. 2008) (ancient documents and hearsay exceptions analysis)
- United States v. Gomez-Lemos, 939 F.2d 326 (6th Cir. 1991) (reliability criteria for residual hearsay exception)