Curb v. MCA Records, Inc.

898 F. Supp. 586 (1995)

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Curb v. MCA Records, Inc.

United States District Court for the Middle District of Tennessee
898 F. Supp. 586 (1995)

Facts

MCA Records, Inc. (plaintiff) (MCA) entered into a licensing agreement with Mike Curb d/b/a Curb Music Co. (Curb) (defendant), through which Curb was given the rights to sell certain music in the United States, Canada, and the United Kingdom. Curb was not given the rights to publish this music in any other countries. Warner/Elektra/Asylum (WEA) was the worldwide licensee for MCA, and Curb needed WEA’s permission before licensing music outside of the United States, Canada, and the United Kingdom. However, once the licensing agreement between Curb and MCA expired, Curb nonetheless licensed music in Japan, Finland, Malaysia, Austria, South Africa, and Hong Kong, all without WEA’s permission. MCA filed suit, alleging copyright infringement under 17 U.S.C. § 106. Curb moved for judgment on the pleadings or, in the alternative, summary judgment. Curb asserted, among other grounds, that the federal statute protecting a copyright owner’s exclusive rights could not apply outside the United States.

Rule of Law

Issue

Holding and Reasoning (Wiseman, J.)

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