Cadkin

Cadkin v. Loose

Good Law
United States Court of Appeals for the Ninth CircuitJune 26, 200908-55311California3,256 words

Opinion

Opinion

I. BACKGROUND

From about 1959 until the 1970s, Emil Cadkin, sometimes solely and sometimes with William Loose, created and recorded thousands of music cues, which are short musical works used in television and movies. These cues were admin- istered by GRH Music (“GRH”), a partnership owned by Emil Cadkin and William Loose. In the 1960s, Emil Cadkin autho- rized William Loose to license the music cues to third parties. At some point, Emil Cadkin formed the Cadkin Trust as owner of all his copyright interests, appointing Lila Cadkin as trustee.

William Loose incorporated May-Loo Music, Inc. to license music he controlled. The proceeds of May-Loo Music, Inc. are split between Irma Loose, William Loose’s spouse, and the William Loose Family Trust, which William Loose formed to benefit his children. Terrence Loose is the trustee of the William Loose Family Trust. 1 Federal Rule of Civil Procedure 41(a)(1)(B) explains the effect of a plaintiff’s voluntary dismissal of an action: “Unless the notice or stipula- tion states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or includ- ing the same claim,…

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