Yount

Yount v. Acuff Rose-Opryland

Good Law
103 F.3d 830
United States Court of Appeals for the Ninth CircuitDecember 24, 1996Nos. 95-56072, 95-56151, 95-56563California3,587 words

Opinion

Lead Opinion

Fernandez, J.

Robert Gene Yount and his son, Robert Blue Yount, brought this action to recover both domestic and foreign royalties for the song “Release Me” during the renewal copyright period. 1 James B. McCall, Geraldine McCall Silva, and Deborah McCall Aleto (the McCalls) asserted that they were entitled to those royalties because Yount had assigned all royalties from “Release Me” to their predecessor in interest, W.S. Stevenson. 2 The district court determined that Yount was entitled to the domestic royalties because the assignment of them had not referred to the renewal copyright term, but that the McCalls were entitled to the foreign royalties. Both parties appealed. 3 We reverse the judgment in favor of Yount and remand for further proceedings; we affirm the judgment in favor of the McCalls.

BACKGROUND

Between 1949 and 1954, Yount worked as a guitarist and songwriter with a now-deceased musician, Eddie Miller. In the course of this collaboration, Yount and Miller created the musical composition “Release Me.” In 1949, Yount, Miller, and. Dub Williams, another member of their band, entered into a single-song publishing agreement for “Release Me” with 4 Star Record Company, Inc. 4 The…

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