Kahn v. Neshama Carlebach
1:19-cv-03855
E.D.N.YMar 11, 2025Background
- The dispute centers on the authorship and ownership of the song “Return Again.”
- Plaintiff Ronnie Kahn claims he wrote the English lyrics in 1975, while Shlomo Carlebach wrote the music and Hebrew lyrics; Carlebach's daughters (the defendants) claim their father wrote the entire song alone in 1965.
- Kahn and Carlebach registered the song as co-authors in the U.S. Copyright Office in 1975; the defendants registered the song in 2006 as sole heirs, listing Carlebach as sole author without mentioning Kahn.
- Kahn claims he never received royalties and seeks a declaration of co-authorship and 50% of royalties from the defendants’ 2006 registration.
- Most claims were previously dismissed; now at issue is Kahn's claim for declaratory relief and accounting of royalties.
- Both sides moved for summary judgment; defendants contend Kahn's claim is time-barred, and both sides dispute the song’s authorship and the connection between the 1975 and 2006 copyright registrations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of Limitations | Claim accrued only in 2018 when demands were ignored | Claim accrued in 2004 when Kahn knew he was owed royalties but received none | Not resolved; disputed facts preclude summary judgment |
| Ownership/Co-Authorship | Kahn co-wrote English lyrics; 2006 registration relates to same song | Shlomo Carlebach wrote the entire song; 2006 registration covers different song | Disputed facts preclude summary judgment |
| Nature of 2006 Copyright Registration | 2006 is a renewal or derivative of 1975 copyright | 2006 registration is for a different song than 1975 copyright | Disputed facts preclude summary judgment |
| Authenticity of Deposit Copy | Defendants failed to provide deposit copy from 2006 | No response on this issue | Disputed; summary judgment inappropriate |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (materiality and genuine dispute standard for summary judgment)
- Roe v. City of Waterbury, 542 F.3d 31 (articulating standard for material fact and genuine dispute)
- Morales v. Quintel Ent., Inc., 249 F.3d 115 (cross-motions for summary judgment do not guarantee judgment for a party)
- Wilson v. Dynatone Publ’g Co., 892 F.3d 112 (statute of limitations for copyright ownership claims)
- Kwan v. Schlein, 634 F.3d 224 (accrual of authorship claims upon notice or repudiation)
- Gary Friedrich Enters., LLC v. Marvel Characters, Inc., 716 F.3d 302 (notice of authorship claim accrues with knowledge of royalties)