Cusano

ORDER RE DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION AND TO DISMISS

I.

INTRODUCTION

This action is before the Court on Defendants’ motion for summary adjudication and to dismiss Plaintiffs claims for unpaid royalties on the 1982 KISS album entitled “Creatures of the Night.” For the reasons stated herein, the Court DENIES Defendants’ motion for summary adjudication and GRANTS Defendants’ motion to dismiss without prejudice. This matter is subject to ruling without need for a hearing, pursuant to Local Rule 7-15.

II.

FACTS

A. Cusano Co-Authors the “Creature Compositions”

Unless otherwise noted, the following facts are undisputed. Plaintiff Vincent Cusano was a lead guitarist in the band KISS from an unspecified date in 1982 until April 13, 1984. Complaint ¶ 21. He was employed by Defendant the KISS Company from 1982 until 1994. Plaintiffs Statement of Genuine Issues (“SGI”) ¶ 1. While Cusano was employed by the KISS Company, he co-wrote the musical compositions (among others) “I Love it Loud,” “I Still Love You” and “Killer,” all of which appeared on the album “Creatures of the Night.” SGI ¶ 2. The parties refer to these compositions as the “Creatures Compositions.”

B.…