Bltc-9e Case Problem with Sample Answer Chapter 5: Intellectual Property and Internet Law
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| BLTC-9e Case Problem with Sample Answer
Chapter 5: Intellectual Property and Internet Law 5–5 Case Problem with Sample Answer Redwin Wilchcombeis a musician and music producer. In 2002, Wilchcombe met Jonathan Smith, known as Lil Jon, a member of Lil Jon & The East Side Boyz (LJESB). Lil Jon and LJESB are under contract to give TeeVee Toons, Inc. (TVT), all rights to LJESB’s recordings and Lil Jon’s songs. At Lil Jon’s request, based on his idea, and with his suggestions, Wilchcombe composed, performed, and recorded a song titled Tha Weedman for LJESB’s album Kings of Crunk. They did not discuss payment and Wilchcombe was not paid, but he was given credit on the album as a producer. By 2005, the album had sold 2 million copies. Wilchcombe fi led a suit in a federal district court against TVT and the others, alleging copyright infringement. The defendants asserted that they had a license to use the song. Wilchcombe argued that he had never granted a license to anyone. Do these facts indicate that the defendants had a license to use Wilchcombe’s song? If so, what does that mean for Wilchcombe’s cause? Explain. [Wilchcombe v. TeeVee Toons, Inc., 555 F.3d 949 (11th Cir. 2009)] Sample Answer: A license is created when one party gives his or her property to another, without a transfer of ownership, and allows the other party to copy and distribute it. A copyright owner waives his right to sue for copyright infringement while the license is in effect. In this case, the parties’ conduct established that Wilchcombe gave LJESB and the other defendants a license to use his song. He created the song at Lil Jon’s request. He knew that it would be used on LJESB’s album and that it would be widely distributed. Through Lil Jon and LJESB’s contracts with TeeVee Toons, Inc., that defendant acquired whatever rights the other defendants had to the song. Wilchcombe never indicated to any of the defendants that their use of the song would constitute copyright infringement. Thus the license constitutes a valid defense to Wilchcombe’s claim of copyright infringement, and the defendants are entitled to a judgment in their favor on that claim. The court issued a summary judgment in the defendants’ favor, and on Wilchcombe’s appeal, the U.S. Court of Appeals for the Eleventh Circuit affirmed this judgment. |