La Cienega Music Company v. Zz Top

44 F.3d 813 63 USLW 2511 , 1995 Copr.L.Dec. P 27,383 , 33 U.S.P.Q.2d 1437 LA CIENEGA MUSIC COMPANY, Plaintiff-Appellant, v. ZZ TOP; Billy Gibbons; Joe Michael Hill, pka: Dusty Hill; Frank Beard; Bill Ham, dba: Hamstein Music Company and Lone Wolf Production Company; Glad Music Company; Warner Brothers Records, Incorporated; WEA International, Inc.; Broadcast Music, Inc., Defendants-Appellees. No. 93-55230. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1994. Decided Jan. 10, 1995. Composer of musical composition brought copyright infringement action against blues-rock band "ZZ Top," claiming defendant plagiarized his composition. The United States District Court for the Central District of California, Mariana R. Pfaelzer, J., dismissed action, and appeal was taken. The Court of Appeals, O'Scannlain, Circuit Judge, held that: (1) sale of registered musical recording constituted "publication" for purposes of Copyright Act of 1909; (2) under Copyright Act of 1909, musical compositions entered public domain 28 years after recordings were first sold to the public, even if composer registered copyrights in accordance with Act; and (3) remand was required…