Three Boys Music Corporation v. Michael Bolton, et al.
Published: Feb. 22, 1997 | Result Date: Dec. 23, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV921177LGB – $5,448,450
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Dennis L. Kennedy
(technical)
Facts
In 1964, Ronald Isley of the Isley Brothers wrote, and the Isley Brothers recorded, a song called "Love is a Wonderful Thing." The song was released as a single in 1966. The Isleys had numerous hits in the 1960s and 1970s, including "Twist and Shout," "This Old Heart of Mine" and "Its Power." "Love is a Wonderful Thing" reportedly was not a big hit for the Isley Brothers. In 1990, defendants Michael Bolton and Andrew Goldmark wrote a song entitled "Love is a Woderful Thing." Bolton recorded the song. Bolton is a Grammy Award-winning recording artist who has had numerous hit singles, including two No. 1 singles. Plaintiff Three Boys Music Inc., claimed that significant elements of Bolton's hit record "Love is a Wonderful Thing" were taken from the Isley's song of the same name. Bolton's recording was included in the 1991 album "Time, Love and Tenderness," which sold 10 million copies. Defendant Sony Music released the Bolton album. Defendants Warner-Chappel Music Limited and related entities (as well as Bolton) own the music publishing rights to the Bolton song. Plaintiff Three Boys Music Corporation owned the Isley's song when the suit was filed. The plaintiff brought this action against the defendants based on copyright infringement (subconscious copyright infringement) theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiffs sought $__________ in damages for ___________.
Other Information
A settlement conference was held before Judge Mariana R. Pfaelzer in March 1994. It did not resolve the matter. On May 6, 1994, judgment was entered in Phase I of this trifurcated case on the jury's verdict that the defendants had infringed the plaintiff's copyright. On the same day, judgment also was entered in Phase II of this case on the jury's verdict that 28 percent of the profits derived from the sale of the defendants' album was attributable to the inclusion of the infringing song on the album, and that 66 percent of the profits from the commercial uses of the infringing song was attributable to the inclusion in that song of elements that infringed the plaintiff's song. In Phase III, issues related to the defendants' net profits, and each defendants' share of net profits were decided by a Special Master, Alan Isaacman. The plaintiffs have pending motions for costs, pre-judgment interest and attorney's fees. The defendants have filed notices of appeal.
Deliberation
3 days
Poll
not taken
Length
5 days
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