Bagdasarian Productions LLC v. Capitol Records Inc.
Published: Oct. 17, 2009 | Result Date: May 27, 2009 | Filing Date: Jan. 1, 1900 |Case number: BC384048 Bench Decision – Defense
Facts
On July 1, 1968, Ross Bagdasarian and Liberty Records entered into a written agreement respecting rights to use recorded performances of "Alvin and the Chipmunks". Defendant Capitol Records Inc. was the successor-in-interest to Liberty, and plaintiff Bagdasarian Productions LLC acquired substantially all of Bagdasarian's assets. Bagdasarian Productions brought suit against Capitol Records alleging breach of contract, plagiarism, and conversion.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the defendant used the recorded performances in manners and for uses that exceed the scope of the granted rights.
Result
The court found for the defense, holding that defendant had the right to grant use licenses of the artist's recording for film and television soundtracks and with toys.
Other Information
The case is on appeal. FILING DATE: Jan. 18, 2008.
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