Axton

Opinion by Judge WIGGINS.

I.

“Joy to the World” (the “Song”) was composed in 1970. 1 One day that year, Hoyt Axton rented a studio in order to record a demo tape of his solo musical work. He hired a band. David P. Jackson, Jr. was to play piano. The group recorded four or five Axton compositions. Axton had previously composed fragments of the Song. Just before the recording session ended, Axton, with *886 the group’s help, attempted to complete the fragments and record the Song. Axton finished the lyrics. Jackson contends that he, Jackson, wrote much of the music. The Song was later released on Axton’s solo album, in late 1970 or early 1971. Soon thereafter, Axton registered for copyright as sole author and owner of all versions of the Song. Axton was issued copyright registration reflecting that exclusive claim.

For some time after the Song was written, however, Axton routinely told live audiences that the Song was written by himself and “D.P.J.J.R.,” Axton’s nickname for Jackson. One night, after the band had performed in public, Axton asked Jackson to sign a songwriter’s agreement conveying Jackson’s rights in the Song to Axton’s company in exchange for royalties. Jackson…