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Forward v. Thorogood

985 F.2d 604 (1993)

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Forward v. Thorogood

United States Court of Appeals for the First Circuit

985 F.2d 604 (1993)

Facts

John Forward (plaintiff) was a music aficionado with contacts in the recording industry. Forward became a friend and fan of George Thorogood (defendant), the lead singer of a blues-rock band. Forward arranged and paid for two demo recording sessions for Thorogood with the intent of interesting Forward’s friends at Rounder Records in signing Thorogood to a recording contract. Thorogood allowed Forward to keep the demo tapes for Forward’s own enjoyment. Thorogood went on to become a successful recording artist. More than a decade after the original demo recordings, Forward expressed an intention to sell the demo tapes to a record company for commercial release. Thorogood objected. Forward sought declaratory judgment in district court. Thorogood counterclaimed for declaratory and injunctive relief. The district court ruled in favor of Thorogood. Forward appealed. The United States Court of Appeals granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Boudin, J.)

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