Motola v. EMI America Records
United States District Court for the Central District of California
No. 82-6308-PAR (April 23, 1984)

- Written by Sarah Holley, JD
Facts
Motola was the owner and co-author of a song entitled “Jeannie, Jeannie, Jeannie.” The band The Stray Cats re-recorded and sold a rendition of “Jeannie, Jeannie, Jeannie” that modified the lyrics such that the subject matter of the song shifted from dancing to booze, parties, and sex. Motola brought suit against The Stray Cats, EMI America Records, and certain other record retailers (collectively, EMI) (defendants) for copyright infringement. Motola conceded that EMI obtained a consensual license from Motola’s copyright collections agent authorizing EMI to re-record and distribute the song in exchange for payment of certain royalties, but argued that the changes The Stray Cats made to the song’s lyrics were not authorized under the license and were thus in violation of Motola’s copyright. Importantly, the consensual license expressly incorporated the terms of the compulsory licensing provisions of § 115 of the Copyright Act.
Rule of Law
Issue
Holding and Reasoning (Rymer, J.)
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