EMI Latin v. Bautista

In 1998, the Kumbia Kings band (the Kings) entered into an exclusive recording agreement (the 1998 agreement) with EMI Latin (EMI) (plaintiff). The 1998 agreement contained a rerecording provision barring the Kings from performing any of the music produced under the agreement for anyone other than EMI for a period of five years following delivery of the original recording or the termination of the 1998 agreement, whichever occurred later. Francisco Bautista (defendant) joined the Kings after the Kings recorded their first album for EMI and signed onto the Kings’ bandmember contract. The bandmember contract bound Bautista to the terms of the 1998 agreement and required Bautista to perform exclusively for the Kings until the Kings had completed three new albums or until the bandmember contract was terminated. In January 2002, after the release of the Kings’ second album, Bautista was fired. Shortly after, Bautista recorded two original songs, “Don’t Want to Try” and “Count on Me” (the original songs). In April 2002, the Kings and EMI terminated the 1998 agreement and the bandmember contract. The Kings and EMI then entered into a new agreement (the 2002 agreement) that, in relevant part, extended the rerecording prohibition period for songs recorded and delivered before the 1998 agreement’s termination. In January 2003, Bautista agreed to record his original songs (the recordings) for inclusion on the Kings’ third album, entitled 4. However, shortly after recording, Bautista commenced discussions with Sony Music Entertainment and requested a return of the recordings. EMI filed for a preliminary injunction barring Bautista from (1) rerecording the original songs for anyone other than EMI or (2) entering into an agreement with a music company other than EMI. Bautista countered and filed for a preliminary injunction barring EMI from manufacturing and distributing the recordings of his original songs.