Peterson

Peterson v. Highland Music, Inc.

Good Law
140 F.3d 1313·1998 WL 164769
United States Court of Appeals for the Ninth CircuitApril 10, 1998Nos. 95-56393, 97-55597 and 97-55599California6,292 words

Opinion

Lead Opinion

Fletcher, J.

This case involves an attempt by the Kingsmen, a musical group, to secure a rescission of the contract by which they assigned to others the rights to their popular recording of the hit song, “Louie, Louie.” We review three actions consolidated on appeal. In the first, the parties litigated the right to rescind. In the second, the defendants sought a declaratory judgment to limit the effect of the judgment of rescission. 1 In the third, the district court imposed contempt sanctions upon the defendants for their refusal to comply with the judgment of rescission. We affirm the district court in all respects.

I.

The facts of this proeedurally convoluted case are relatively simple. The members of the Kingsmen seek to secure their rights to the master recordings (the “Masters”) of their hit song, “Louie, Louie.” The group made the recording over thirty years ago. They then sold the Masters to one Specter Records (first through their agent, Jerden Records, but ultimately on their own behalf) in return for nine per cent of any profits or licensing fees that the recording might generate. The Kingsmen and Specter entered into their contract in 1968. Specter’s interest in the Masters was…

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