[DOWNLOAD] "Broadcast Music" by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Broadcast Music
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 28, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 92 KB

Description

Plaintiff Broadcast Music Inc. ("BMI") filed this interpleader action to determine what portion of the interpleaded funds it is required to pay to defendant-appellee Shannon Miller Turner and defendant-appellant Roger Miller Music, Inc. ("RMMI"). The interpleaded funds consist of royalties generated from BMIs licensing of certain songs written by country music legend Roger Miller. Turner, a daughter of Miller, is entitled to some of these royalties under the Copyright Act because the copyrights to the songs at issue were renewed after Miller died, vesting Turner with an interest in these copyrights pursuant to 17 U.S.C. § 304(a). The extent of Turners interest in these copyrights depends on the magnitude of the interest formerly held by Mary Arnold Miller, Roger Millers widow, who also obtained an interest in the renewal copyrights pursuant to § 304(a), and by Roger Millers other surviving children, who likewise obtained interests in the renewal copyrights. Turner argued before the district court that Mary Arnold Miller and Roger Millers seven children, herself included, all held equal shares in the renewed copyrights and that, therefore, she is entitled to 1/8 (12.5%) of the renewal copyright royalties. RMMI, to which Mary Arnold Miller and all of Roger Millers children except Turner have assigned their renewal copyright interests, argued that Mary Arnold Miller obtained a fifty-percent interest in the renewal copyrights as Millers surviving spouse and that Roger Millers children held equal shares in the remaining fifty-percent of the renewal copyrights, or 7.14% each. The district court found that § 304(a) provides that the surviving spouse and children of an author who originally copyrighted a work share equally in that works renewal copyright when that copyright is renewed after the authors death. RMMI appeals the judgment of the district court. For the following reasons, we reverse the district courts grant of summary judgment for Turner, grant summary judgment for RMMI, and remand the case for distribution of the interpleaded funds.

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