Laws

I. FACTS AND PROCEEDINGS

In 1979, professional vocalist and recording artist Debra Laws and Spirit Productions (“Spirit”) entered into a record- ing agreement with Elektra/Asylum Records (“Elektra”) to produce master recordings of Laws’s vocal performances for Elektra. The agreement gave Elektra the “sole and exclusive right to copyright such master recordings” and “the exclusive worldwide right in perpetuity . . . to lease, license, convey or otherwise use or dispose of such master recordings.” Elektra also secured the right “to use and to permit others to use your name, the Artist’s name . . . likeness, other identification, and LAWS v. SONY MUSIC ENTERTAINMENT 5711 biographical material concerning the Artist . . . in connection with such master recordings.” Notwithstanding these provi- sions, Elektra agreed that “we shall not, without your prior written consent, utilize or authorize others to utilize the Mas- ters in any so-called ‘audio-visual’ or ‘sight and sound’ devices intended primarily for home use,” and “we or our licensees shall not, without your prior written consent, sell records embodying the Masters hereunder for use as premi- ums or in connection…