Ford v. Ray

130 F. Supp. 3d 1358, 2015 U.S. Dist. LEXIS 121502, 2015 WL 5315943
CourtDistrict Court, W.D. Washington
DecidedSeptember 11, 2015
DocketNo. C15-0432RSL
StatusPublished
Cited by1 cases

This text of 130 F. Supp. 3d 1358 (Ford v. Ray) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Ray, 130 F. Supp. 3d 1358, 2015 U.S. Dist. LEXIS 121502, 2015 WL 5315943 (W.D. Wash. 2015).

Opinion

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

ROBERT S. LÁSNIK, District Judge.

This matter comes before the Court on defendant’s “Motion to Dismiss.” Dkt. # 10. Plaintiff filed this action on May 29, 2015, alleging that, he is .the co-author of certain joint works produced with defendant and requesting an accounting related to those works. Defendant seeks dismissal of all claims against him. Having reviewed the, memoranda, declarations, and exhibits submitted by the parties and having heard the arguments of counsel, the Court finds as follows:

BACKGROUND

Plaintiff alleges that he collaborated with defendant on a number of songs ánd that he is' entitled to a declaration of co-authorship. Plaintiff and defendant began collaborating to create hip-hop music in the late 1980s. Complaint (Dkt. # 1) at ¶ 15. In the early 1990s, defendant began work on the album “Mack Daddy.” Id. at 1118. Plaintiff independently created a handful of drum tracks (called “beats”,) that he thought would make a good foundation for hip hop songs. Id. Defendant chose one of the- beats created and supplied by plaintiff to be the beat for the song “Baby Got Back,” a Grammy-award winning and much-acclaimed song. Id. at ¶ 19. In addition to composing the beat, plaintiff also provided “scratching” for the chorus of the song and a solo. Id.

After the success ■ of “Mack Daddy,” plaintiff continued collaborating with defendant, performing with him and contributing his work to songs ;on other albums. Id. at ¶¶ 20-21. Plaintiff maintained the status of an independent contractor throughout: no formal agreement existed between, the parties. Id. at ¶23. Plaintiff alleges that he contributed in unspecified ways to fifteen works in addition to “Baby Got Back” over the course of seven years. Id. at ¶¶ 22 and 24. . Plaintiff was unaware that defendant filed copyright, .registrations for some or all of the works that identified defendant as the sole author; Id. at ¶¶ 25-27. It was not until 2014, when Nicki Minaj, another- hip-hop artist, released a single .that heavily .samples “Baby Got Back,”1 that plaintiff wondered why his consent had not been sought and discovered that defendant had filed copyright registrations that did not identify plaintiff as a joint author. Id. at-¶¶ 28-29.

Plaintiff alleges that his collaborations with defendant qualify as “joint works” pursuant to 17 U.S.C.' § 201(a) and that plaintiff is the co-author of the works per the Copyright Act, 17 U.S.C. § ■ 101 et seq. (“Copyright Act”). As such, Plaintiff seeks two remedies: (1) declaratory *judg[1360]*1360ment stating that he is the co-author and co-owner of the sixteen works and a correction to the records of the U.S. Copyright Office; and (2) an accounting for revenues stemming from the use of any jointly-owned work.

discussion'

A. Standard and Scope of Review

The question for' the Court on a motion to dismiss is whether the facts alleged in the complaint sufficiently state a “plausible” ground for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “All well-pleaded allegations of material fact in the complaint are accepted as true and are construed in the light most favorable to the non-moving party.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir.2008) (internal citation omitted). “Dismissal is proper only where there-is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory.” Taylor v. Yee, 780 F.3d 928, 935 (9th Cir.2015) (internal citation omitted). Although, the Court’s review is generally limited to the contents of the complaint (Campanelli v. Bockrath, 100 F.3d 1476, 1479 (9th Cir.1996)), it may nevertheless consider documents referenced extensively in -the complaint, matters of public record, and documents whose contents are -alleged in the. complaint and whose-authenticity is not challenged. Northstar Fin. Advisors Inc. v. Schwab Investments, 779 F.3d 1036, 1042-43 (9th Cir.2015). The copyright registrations for “Baby Got Back” and “Boss is Back” fall into one or more of these categories.

In addition, “[t]he Federal Rules provide for sua sponte conversion of a Rule 12(b)(6) motion to dismiss to a Rule 56 motion for summary judgment ‘if ... matters outside the pleadings are presented to and not excluded by the court.’ ” In re Mortg. Elec. Reg. Syss., Inc., 754 F.3d 772, 781 (9th Cir.2014) (quoting Fed.R.Civ.P. 12(d)). Plaintiff, attempting to bolster his claim that he had.no reason to suspect that defendant claimed sole authorship over the joint works until 2014, provided matters outside the pleadings for the Court’s consideration with his response, to which defendant replied with his own declaration and exhibits. The Court finds that- the evidence submitted, namely the declarations of the parties, a letter- written by defendant, and copies of album labels and covers are appropriately considered for the purpose of evaluating the timeliness of plaintiffs claims. Both parties had the opportunity to present matters outside the pleading that are pertinent to the motion, the authenticity of the documents submitted is not contested, and the Court confirmed at oral argument that the only other evidence plaintiff has on this issue is a Billboard magazine photo showing plaintiff standing directly next to defendant. As stated in the analysis below, Section B, the statute of limitations issue has been considered under the summary judgment standard pursuant to Fed.R.Civ.P. 12(d) and Fed.R.Civ.P. 56. Plaintiff can avoid summary judgment on statute of limitations grounds only by offering evidence from which a reasonable jury could determine that the action was timely filed. FreecycleSunnyvale v. Freecycle Network, 626 F.3d 509, 514 (9th Cir.2010).

B. Statute of Limitations

Defendant argues that plaintiffs claims are barred by the applicable statute of limitation. “The Copyright Act of 1976 provides that all civil actions must be brought ‘within three years after the claim accrued.’” Seven Arts Filmed Entm’t Ltd. v. Content Media Corp., 733 F.3d 1251, 1255 (9th Cir.2013) (citing 17 U.S.C. § 507(b)). “[Cjlaims of co-ownership ... accrue when plain and express repudiation

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Bluebook (online)
130 F. Supp. 3d 1358, 2015 U.S. Dist. LEXIS 121502, 2015 WL 5315943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-ray-wawd-2015.