Mark Fosson v. Palace (Waterland), Limited

I. OVERVIEW

Mark Fosson, the composer and copyright owner of a musical composition entitled “Picture of Your Daddy,” appeals the district court’s order granting summary judgment in favor of all defendants in his copyright infringement action. Fosson sued the defendants under 17 U.S.C. § 101 et seq., seeking $10,000 in damages because of the defendants’ substantial delay in paying a $1,250 license fee that the parties had negotiated for use of Fosson’s composition in a motion picture. The instant appeal turns on the circumstances under which a subsequent breach of the terms of an express license, which may constitute grounds for rescission, can give rise to a suit for infringement by the licensor. For the reasons discussed below, we affirm the district court’s grant of summary judgment in favor of all defendants.

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff/Appellant Mark Fosson is the composer and copyright holder of a song entitled “Picture of Your Daddy” (“the Composition”). Defendants/Appellees Palace (Waterland) Ltd., and The Good Film Co., Ltd. (collectively “the Producers”) are producers of a motion picture entitled “Water-land,” (“the Film”) which was released in the…