SGA And YMCA Involved In Landmark Copyright Decision

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WASHINGTON DC—In a landmark decision issued today by the United States District Court for the Southern District of California, Federal Judge Barry Moskowitz upheld the right of Village People songwriter Victor Willis to recapture the copyrights in 33 of his hit songs that include "YMCA" and "In the Navy." Rick Carnes, President of The Songwriters Guild of America (SGA), which filed a brief in the case in support of Willis, said he was "immensely gratified" by the court's decision, noting that, "it will benefit all songwriters seeking to regain their copyrights in the coming years."

Willis was the joint author of the songs at issue and Scorpio Music, his current publisher, contended that he could not recapture the rights to the songs unless a majority of all the authors joined in the termination request. Judge Moskowitz was definitive in his conclusion regarding the songs Willis transferred to his publisher some 35 years earlier: "We agree with Willis and SGA....[A] joint author who separately transfers his copyright interest may unilaterally terminate that grant." Carnes stated: "This is a vitally important decision under the so-called 'new' 35 year termination provisions of the 1976 Copyright Act. SGA fought hard for the inclusion of the termination right under American law, and a decision that so emphatically endorses Congressional intent to protect creators will hopefully smooth the way for all songwriters seeking to recapture their copyrights."

Carnes stated, "This is a vitally important decision under the so-called 'new' 35 year termination provisions of the 1976 Copyright Act. SGA fought hard for the inclusion of the termination right under American law, and a decision that so emphatically endorses Congressional intent to protect creators will hopefully smooth the way for all songwriters seeking to recapture their copyrights."

Willis, who has been represented by the New York City law firm Caplan & Ross, LLP., said he is “extremely pleased” with the court’s determination and looks forward to controlling his copyright interests in 2013 as the law provides.