EMI Entertainment World, Inc. v. Karen Records, Inc. - Who is the right plaintiff in a copyright dispute

Written By Tamera H. Bennett

EMI Entertainment World, Inc. learned the hard way  that making sure you name the correct plaintiff in a lawsuit is pretty important to winning. EMI sued Karen Records, Inc., Karen Publishing, Inc. and the owners of these entities for copyright infringement and won a $100,000 verdict.

Too bad EMI did not listen to Karen's attorney and verify who actually owned the copyright in the songs/sound recordings that were infringed by Karen. Because EMI refused to join in the lawsuit one or more of EMI's subsidiaries as the proper party and owner of the copyrights, the case was dismissed by the judge for lack of jurisdiction.  EMI did not have standing to file the suit on behalf of the EMI subsidiaries.  EMI was notified of this potential deficiency in the lawsuit and refused to fix the problem.

Copyright litigation practice tip -  Name the actual copyright owners as the parties to the lawsuit. EMI won, but actually lost.

Here's a link to the Opinion.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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