Filed: Mar. 03, 2004
Latest Update: Feb. 21, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 96-30244 Summary Calendar STANLEY J. LEWIS; PAULINE T. LEWIS, Plaintiffs-Appellees-Cross-Appellants, VERSUS ICHIBAN RECORDS, INC.; ET AL Defendants, ICHIBAN RECORDS, INC.; JOHN E. ABBEY, Defendants-Appellants-Cross-Appellees. No. 96-30724 Summary Calendar STANLEY J. LEWIS; PAULINE T. LEWIS, Plaintiffs-Appellees, VERSUS ICHIBAN RECORDS, INC.; ET AL Defendants, ICHIBAN RECORDS, INC.; JOHN E. ABBEY, Defendants-Appellants. Appeal from the Un
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 96-30244 Summary Calendar STANLEY J. LEWIS; PAULINE T. LEWIS, Plaintiffs-Appellees-Cross-Appellants, VERSUS ICHIBAN RECORDS, INC.; ET AL Defendants, ICHIBAN RECORDS, INC.; JOHN E. ABBEY, Defendants-Appellants-Cross-Appellees. No. 96-30724 Summary Calendar STANLEY J. LEWIS; PAULINE T. LEWIS, Plaintiffs-Appellees, VERSUS ICHIBAN RECORDS, INC.; ET AL Defendants, ICHIBAN RECORDS, INC.; JOHN E. ABBEY, Defendants-Appellants. Appeal from the Uni..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-30244
Summary Calendar
STANLEY J. LEWIS; PAULINE T. LEWIS,
Plaintiffs-Appellees-Cross-Appellants,
VERSUS
ICHIBAN RECORDS, INC.; ET AL
Defendants,
ICHIBAN RECORDS, INC.; JOHN E. ABBEY,
Defendants-Appellants-Cross-Appellees.
No. 96-30724
Summary Calendar
STANLEY J. LEWIS; PAULINE T. LEWIS,
Plaintiffs-Appellees,
VERSUS
ICHIBAN RECORDS, INC.; ET AL
Defendants,
ICHIBAN RECORDS, INC.; JOHN E. ABBEY,
Defendants-Appellants.
Appeal from the United States District Court
For the Western District of Louisiana
(93-CV-1353 & 93-CV-1353-S)
December 23, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:1
Stanley J. and Pauline T. Lewis (“Lewis”) sued Ichiban
Records, Inc. (“Ichiban”) and John E. Abbey (“Abbey”) for damages
and attorneys fees alleging copyright infringement regarding eight
songs. Following a bench trial, the district court found for the
Defendants as to six of the songs but found for Lewis as to two
songs: “You’re Gonna Miss Me” and “Nothing Takes The Place Of You”.
In so doing it ruled as to the successful claims, that they were
not barred by prescription, the copyrights had been violated, Lewis
proved ownership of the copyrights, and $40,000.00 in damages and
$44,814.00 in attorney’s fees were due.
The essential facts are not in dispute. United States
Copyright Registration for “You’re Gonna Miss Me” shows that Ernie
Johnson and Bob Washington were the authors and the Su-Ma
Publishing Co. was the copyright claimant. Similar documentation
for “Nothing Takes The Place Of You” shows that Toussaint McCall
was the author and Su-Ma Publishing Co. was the copyright claimant.
There is no evidence of any transfer from McCall, nor from
1
Pursuant to Local Rule 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
2
Washington to anyone. There is evidence that Johnson transferred
his interest in his composition to Su-Ma Publishing. There is a
record of transfers from Su-Ma Publishing to various entities and
finally to Lewis. Ichiban and Abbey challenge only the lack of
evidence of transfer to Su-Ma, and the transfer from Pioneer Bank
and Trust Co. to Lewis.
The primary issue is which party bears the burden to prove the
chain of title. The district court ruled that Lewis did not have
the burden to prove title from the song’s authors to the copyright
claimant, Su-Ma. Ichiban and Abbey contend this is error. We
disagree. To accept their premise would deprive the copyright
registration of its prima facie evidentiary effect. It is prima
facie evidence that Su-Ma Publishing Co. was the copyright owner.
All parties rely on language from 3 Nimmer On Copyright § 12.11(C)
as correctly stating the law. We agree that it does and agree with
the district court that it means that once the plaintiff offers
evidence of the chain of title from the original copyright holder
to itself, the burden shifts from it to defendant to establish the
invalidity of the plaintiff’s title. This Appellants have not
done.
Appellants next challenge Lewis’ title claiming that the sale
and chattel mortgage from Pioneer Bank and Trust Co. to the Lewis’s
was not effective to transfer copyright rights in the two songs at
issue because they were not described specifically and the deed was
not registered with the copyright office. The document did convey,
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however “[a]ll copyright compositions of Su-Ma Publishing Company,
Inc.....It being the intention of [Pioneer] to convey to [Lewis]
without warranty all copyrights...used in connection with the
recording, publication and sale of records and cassettes which
[Pioneer] acquired in those certain bankruptcy proceedings entitled
‘P&S Enterprises, Inc.’....” Other documentary evidence
established the acquisition of the copyrights in question by P&S
Enterprises. The description is adequate.
Appellant’s contention that Lewis’ failure to register the
transfers with the copyright office somehow defeats their title is
without merit. Registration deals only with notice. See 3 Nimmer
On Copyright § 12.08.
We reject Appellants’ claim of prescription for the reasons
given by the district court. See Makedwde Publishing Co. v.
Johnson,
37 F.3d 180 (5th Cir. 1994).
Finally, Appellants contend the district court abused its
discretion in several respects in the award of attorneys fees. We
disagree. While we fully agree with the district court that the
charges originally submitted were incredible to say the least, that
does not mean that no fees were due. Our review of the record
convinces us that the amount awarded by the district court was fair
and reasonable and justified by the evidence submitted.
The judgment of the district court is AFFIRMED.
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