Roc-a-Fella Logo Case Dismissed In Absence Of Contract & On Statute Of Limitations

Walker v. Carter et al., No. 1:12-cv-05384 (S.D.N.Y. Sep. 26, 2016) [Doc. 363].

Jay-Z and the other defendants were granted summary judgment in a dispute over the creation, use and ownership of the logo for Roc-a-Fella Records because the plaintiff's contract claim was barred by lack of proof of a contract and the copyright claim was time-barred.  Plaintiff alleged that he was the creative mastermind of the logo two decades ago, and that he was owed royalties under a "lost" contract.  The Court addressed defendants' defense that the "statute of frauds" under New York law barred the claim, and Plaintiff's position that the "lost" contract satisfies the statute of frauds, finding that Plaintiff did not present evidence of the existence of the writing sufficient to create a triable issue of material fact.

As to the copyright claim, the Court noted that the classification of the claim -- as either for infringement or ownership -- determined the statute of limitations issue, and found that the crux of the issue was ownership of the copyright.  It was time-barred based on when the ownership claim accrued.

• Attorney's Fees
• Breach of Contract
• Common Law Copyright Infringement
• Copyright
• Copyright Act
• Declaratory Judgment
• Digital
• DMCA
• EMI
• Infringement
• Licensing
• Motion to Dismiss
• New York Supreme Court
• P2P
• Pre-1972
• Public Performance
• Publishing
• Registration
• Royalties
• Rule 12(b)
• Sound Recording
• Southern District of New York
• Statute of Limitations
• Summary Judgment
• Trademark

Plaintiff in Roc Logo Case Granted Leave To Amend

Walker v. Carter et al., No. 1:12-cv-05384-ALC-RLE (S.D.N.Y. filed 08/14/13) (Doc. 58).

Plaintiff alleged that defendants (Jay-Z, his record label(s) and business partners) entered into an oral contract with Plaintiff in 1995 under which Plaintiff was to re-design the logo for the Roc-A-Fella record label in exchange for: (i) $3,500 up-front, and (ii) 2% of all revenues from products bearing the logo for the next ten years.  The moving defendants argued that Plaintiff failed to state a claim under Fed. R. Civ. P. 12(b)(6) because none of them had any dealings with plaintiff.  In opposition, Plaintiff requested leave to amend the complaint.  The Court denied the motions without prejudice and granted Plaintiff leave to amend (but was cautioned about requesting leave to amend again).

Paradise by the Dashboard Light

Steve Popovich, founder of Cleveland International Records, won a federal appeal upholding a jury's deicison to award him more than $5mil. after a contract dispute with Sony Music. Cleveland Int'l Records introduced the world to the artist Meat Loaf, whose "Bat Out of Hell" album has sold a reported 43 million copies worldwide since its 1977 release.

Meat Loaf was signed to Cleveland Int'l and Sony eventually acquired the rights to the album. (Epic Records > CBS > Sony.) In 1995, Popovich sued Sony for unpaid royalties and settled out of court for a reported $7mil. As part of the settlement, Sony agreed to include the Cleveland Int'l Records logo on reissues of "Bat Out of Hell". When Sony failed to include the logo, Popovich sued again. After a federal jury awarded Popovich $5mil in damages, the appellate court affirmed. Further, the appellate deciions permits Popovich to pursue, on remand, damages for possible breach by Sony outside of the original limited geographic scope of the Settlement.