Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross

Exercise 5

Copyright Redwin Wilchcombe is a musician and music producer. In 2002, Wilchcombe met Jonathan Smith, known as Lil Jon, a member of Lit Jon The East Side Boyz (LJESB). Lil Jon and LJESB are under contract to give TeeVee Toons, Inc. (TVT), all rights to LJESB's recordings and Lil Jon's songs. Wilchcombe composed, performed, and recorded a song titled Tha Weedman at Lil Jon's request, based on his idea, and with his suggestions for LJESB's album Kings of Crunk. They did not discuss payment and Wilchcombe was not paid, but he was given credit on the album as a producer. By 2005, the album had sold 2 million copies. Wilchcombe filed a suit in a federal district court against TVT and the others, alleging copyright infringement. The defendants asserted that they had a license to use the song. Wilchcombe argued that he had never granted a license to anyone. Do these facts indicate that the defendants had a license to use Wilchcombe's song? If so, what does that mean for Wilchcombe's cause? Explain. [ Wilchcombe v. TeeVee Toons, Inc., 555 F.3d 949 (11th Cir. 2009)]