Quintanilla v. Texas Television Inc.

139 F.3d 494 (1998)

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Quintanilla v. Texas Television Inc.

United States Court of Appeals for the Fifth Circuit
139 F.3d 494 (1998)

Facts

Abraham Quintanilla, Jr. (plaintiff) was the father of famed Tejano singer Selena. Quintanilla managed and owned Selena’s band. Quintanilla entered an agreement with Texas Television, Inc. (defendant) for Texas Television to record one of Selena’s concerts for its various news shows. Texas Television’s director sent Quintanilla a note confirming the agreement and stating that it would provide Quintanilla with a master copy of the footage to use for promotional purposes. Following the death of Selena, Texas Television used the footage in a tribute special entitled Selena Special. Quintanilla filed suit in federal court, claiming to be the exclusive owner of the copyright to the footage under the Copyright Act. Additionally, Quintanilla asserted several state-law contract and tort claims. The district court granted summary judgment in favor of Texas Television on the federal copyright claims and dismissed the remaining state-law claims without prejudice. On appeal, Quintanilla asserted that he was the exclusive owner of the copyright because the footage was a work made for hire and thus Texas Television’s efforts in creating the footage were performed under him as an employer.

Rule of Law

Issue

Holding and Reasoning (Reavley, J.)

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