Case 1:18-cv-25474-RAR Document 256 Entered on FLSD Docket 06/04/2021 Page 10 of 14
court’s order striking portions of a witness affidavit because it “included allegations that had not been previously disclosed to Defendants in response to discovery requests.”).
IV. Whether Plaintiffs failed to establish ownership because they did not produce written transfer agreements
Defendants contend that Magistrate Judge Becerra erred by not entering summary judgment in their favor as to all the songs at issue because Plaintiffs cannot establish ownership without producing written agreements showing assignment of the musical works from author Tony Butler. See Defs.’ Obj. at 4. Defendants cite to Section 204(a) of the Copyright Act, which provides that “[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.”
Because the Court agrees with Magistrate Judge Becerra that Plaintiffs lack standing to sue as to the MSP-Registered Songs—and the songs “When I Hear Music,” “Freestyle Express,” and “Fix it in the Mix,” were removed from the case by stipulation—the only remaining songs are “The Party Has Begun” and “Lookout Weekend.” The copyright registrations for “The Party Has Begun” and “Lookout Weekend” indicate that these musical works were transferred from Butler to MSI by assignment. See Pls.’ Statement of Facts, Ex. J [ECF No. 176–10]. Additionally, Nealy testified that during the relevant time period, there were songwriter agreements with Butler whereby Butler would have given MSI ownership of Butler’s songs. Id., Ex. O [ECF No. 176–15] (“Nealy Dep.”) at 41. And another songwriter, Baker, recalled having signed songwriter agreements with MSI. Id., Ex. D [ECF No. 176–4] at 4–5.
The Court agrees with Magistrate Judge Becerra that although Plaintiffs’ evidence of ownership as to these remaining songs is thin, it is sufficient to withstand a motion for summary judgment. Further, considering there is evidence in the record that a writing was used to effectuate
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