Severe Records, LLC v. Rich
658 F.3d 571
6th Cir.2011Background
- Sevier authored the song "Better" and coauthored "Watching Me Leave" with Crooks; they recorded both works.
- Crooks later signed with Rich’s publishing and Muzik Mafia; disputes and accusations followed.
- Muzik Mafia issued cease-and-desist letters alleging copyright infringement and false endorsement.
- Sevier and Severe Records attempted to distribute the songs via CD Baby, MySpace, and digital stores; distribution was contested.
- The district court dismissed the copyright infringement claim and declined to entertain state-law claims or a declaratory judgment; on appeal the Sixth Circuit affirmed dismissal of infringement but reversed as to the declaratory judgment claim.
- The court addressed ownership versus co-authorship and the scope of what constitutes infringement in the context of disputed authorship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs state a copyright infringement claim for the musical composition Better | Sevier asserts ownership/co-authorship entitles infringement relief; Crooks copied or blocked exploitation | Defendants contend no copying occurred and rights were transferred/blocked appropriately | Infringement claim dismissed; copying not alleged; ownership/co-authorship insufficient to state claim |
| Whether Crooks’ and others’ actions constitute copying or infringement of the sound recording or composition | Plaintiffs own the copyrights/rights to exploit both works | Actions blocked exploitation or involved interferences with ownership; not copying | No claim for infringement stated; improper basis for relief |
| Whether the declaratory judgment claim concerning authorship arises under federal law | Claim seeks declaration of authorship and non-infringement in light of cease-and-desist letters | Dispute is not purely contractual and does not arise under federal copyright law | Yes; declaratory judgment claim arising under the Copyright Act; reversal of district court on this point |
| Whether the declaratory judgment action could proceed given potential federal question jurisdiction | Federal question jurisdiction exists via authorship dispute | No federal jurisdiction if dispute is grounded in contract/ownership questions | Abuse of discretion reversed; DJ claim can proceed in federal court under Copyright Act |
Key Cases Cited
- Bridgeport Music, Inc. v. UMG Recordings, Inc., 585 F.3d 267 (6th Cir. 2009) (ownership and copying elements of infringement; separate sound recording and composition copyrights)
- Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (U.S. 1991) (copyright requires proof of ownership and copying of original elements)
- Jones v. Blige, 558 F.3d 485 (6th Cir. 2009) (ownership and copying elements required for infringement)
- Cambridge Literary Props., Ltd. v. West Goebel Porzellanfabrik G.m.b.H. & Co. Kg., 510 F.3d 77 (1st Cir. 2007) (disputed co-authorship raises federal question under Copyright Act)
- Gaiman v. McFarlane, 360 F.3d 644 (7th Cir. 2004) (ownership/authorship disputes arise under copyright law)
- Goodman v. Lee (Goodman I), 815 F.2d 1030 (5th Cir. 1987) (exclusive federal jurisdiction for declaratory judgments on joint authorship)
- Royal v. Leading Edge Prods., Inc., 833 F.2d 1 (1st Cir. 1987) (co-ownership often governed by contract or state law, not federal copyright)