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February 13th, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Copyright-infringement-and-ownership
- ERISA - short-term disability benefits
 

Ohio Supreme Court

 

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First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

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U.S. Sixth Circuit Court of Appeals: Other States Cases

 

Roger Miller Music v. Sony/ATV Publishing (Feb. 13, 2007) (Appeal from M.D. Tenn.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0060p-06.pdf
-  Plaintiffs-Appellants Mary Arnold Miller and Roger Miller Music, Inc. (the "Appellants") brought this copyright-infringement-and-ownership action against Defendant-Appellee Sony/ATV Publishing, LLC ("Sony"). Mary Miller is the wife of the late Roger Miller, a renowned country-music singer and songwriter, and Roger Miller Music, Inc. ("RMMI") is an assignee. Sony is the successor-in-interest to Tree Publishing Co., Inc. ("Tree"),the publishing company Miller contracted with from 1958 until his death in 1992. In their motion for summary judgment before the district court, Appellants asserted numerous claims: (1) Appellants are the legal owners of the renewal copyrights in Miller's 1958-1963 and 1964 songs; (2) Sony is not a beneficial owner of the renewal copyrights in the 1964 songs; and (3) Sony is liable for songs. Sony filed a motion for judgment on the pleadings asserting that (1) Appellants' ownership and infringement claims were untimely; (2) Sony owns the renewal copyrights in the 1958-1963 songs; (3) Sony is a beneficial owner of the renewal copyrights in the 1964 songs; and (4) Sony is not liable for copyright infringement because it has an implied, non-exclusive license in Miller's songs. For the following reasons, we AFFIRM the district court's ruling that (1) Sony is the owner of the renewal copyrights in Miller's 1958-1963 songs; (2) Appellants' ownership claims are timely; and (3) Appellants' infringement claims are timely for Sony's conduct between December 21, 2001,and December 21, 2004. Further, we REVERSE the district court's ruling that Sony's statements regarding Appellants' ownership of the renewal copyrights in the 1964 songs were judicial admissions and REMAND for a determination as to whether the district court can hear Sony's argument that it owns the renewal copyrights in Miller's 1964 songs.

Pollett v. Rinker Materials (Feb. 13, 2007) (Appeal from W.D. Ky.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0061p-06.pdf
-  The issue in this appeal is whether an employee, while suspended without pay, was "actively at work" and thus qualified to receive short-term disability benefits under his employer's ERISA plan. The plan administrator said no. The district court also said no and dismissed the action on undisputed facts.1 We exercise jurisdiction under 28 U.S.C. § 1291. Because the ERISA plan does not provide the administrator discretionary authority to construe its terms, we review the prior construction of the plan de novo. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 (1989). Applying this standard, we affirm.
 

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