Tabberone is pronounced tab ber won |
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Woods v Bourne, 60 F. 3d 978 (2d Cir. 1995)
PLAINTIFFS: David Woods, et. al., heirs of song composer Harry Woods, claim the right to receive certain royalties for "When the Red, Red, Robin Comes Bob, Bob, Bobbin' Along". Heirs claim that they are entitled to the royalties because they have exercised their statutory right to terminate the publisher's interests in the Song pursuant to 17 U.S.C. § 304(c). DEFENDANT : Bourne Company, maintains that the royalties belong to it because all the disputed post-termination uses of the Song are attributable to so-called derivative works, which were prepared under its authority prior to termination and which therefore do not revert to the author. 17 U.S.C. § 304(c)(6)(A). Bourne appeals from judgment of the United States District Court for the Southern District of New York holding that heirs of author of a popular song are entitled to all performance and reprint royalties during statutory extended renewal term. Finding that, with one minor exception, no version of the Song was sufficiently original, the district court granted judgment for the plaintiffs. 858 F.Supp. 399 (S.D.N.Y.1994) The Second Circuit Court of Appeals upheld in part and remanded in part. |