George Clinton v. Universal Music Group Inc et al, No. 2:2007cv00672 - Document 137 (C.D. Cal. 2008)

Court Description: FINAL JUDGMENT by Judge Philip S. Gutierrez, in favor of UMG Recording Inc. against George Clinton. NOTE CHANGES MADE BY COURT. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: 1. That final judgment be, and hereby is, entered in favor of UMG, and ag ainst Clinton, on the entirety of the FAC and every cause of action therein; 2. That the FAC be, and hereby is, dismissed with prejudice; 3. That the July 19, 1977, agreement between Casablanca Record ("Casablanca"), and Thang, Inc. (" Thang") (Trial Exhibit 14); the October 17, 1980, Release and Settlement Agreement among Thang, Clinton, and Casablanca (Trial Exhibit 205); the October 23, 1980, Artists Production Agreement between Casablanca and P-Funk, Inc. ("P-Funk&quo t;) (Trial Exhibit 204); and the December 23, 1980, agreement among P-Funk, Casablanca, and Clinton (Trial Exhibit 15) are all valid and enforceable agreements that exclusively govern UMGs relationship with Clinton regarding the artist Parlet; 4. Tha t Defendant UMG Recordings, Inc., which was formerly known as PolyGram Records, Inc., is the successor-in-interest to the rights of Casablanca relating to Clinton, including his loan-out companies, and the musical artists Parliament and Parlet; 5. Th at Trial Exhibit 14, the July 19, 1977, exclusive recording agreement between Casablanca and Thang regarding Thang's record production services for the artist Parlet, contains the operative royalty and other payment terms between UMG and Clinton s loan-out companies concerning the Parlet Master Recordings (Pleasure Principle, Invasion of the Booty Snatchers, and Play Me or Trade Me), Best of Parlet, and other compilations; and 6. That UMG is the copyright owner of the Parlet Master Recording s, including Pleasure Principle (Copyright Registration No. SR 3-085), Invasion of the Booty Snatchers (Copyright Registration No. SR 8-554), Play Me or Trade Me (Copyright Registration No. SR 23-294), and Best of Parlet (Copyright Registration No. SR 20-6419), including the individual sound recordings contained in those long-play sound recordings. (MD JS-6, Case Terminated). (bm)

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George Clinton v. Universal Music Group Inc et al 1 2 3 4 5 6 7 8 Doc. 137 RUSSELL J. FRACKMAN (SBN 49087) rjf@msk.com GEORGE M. BORKOWSKI (SBN 133416) gmb@msk.com WADE B. GENTZ (SBN 249793) wbg@msk.com MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 E-FILED 9/12/08 JS-6 NOTE CHANGES MADE BY THE COURT Attorneys for Defendants Universal Music Group, Inc., and UMG Recordings, Inc. 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 GEORGE CLINTON, an individual, Plaintiff, 14 15 16 17 18 19 v. CASE NO. CV 07-00672 PSG (JWJx) The Honorable Philip S. Gutierrez [PROPOSED] FINAL JUDGMENT UNIVERSAL MUSIC GROUP, INC., a Delaware corporation, and UMG RECORDINGS, INC., a Delaware corporation, Defendants. 20 21 22 23 24 25 26 27 Mitchell Silberberg & Knupp LLP 1943309.2 28 29 Dockets.Justia.com 1 On June 19, 2008, the Court granted summary judgment in favor of 2 Defendants Universal Music Group, Inc., and UMG Recordings, Inc. (collectively 3 “UMG”), and against Plaintiff George Clinton (“Clinton”), on the First, Second, 4 Third, Fourth, Sixth, and Seventh Causes of Action in the First Amended 5 Complaint (“FAC”) in the action. On August 22, 2008, after a bench trial on the 6 Fifth Cause of Action in the FAC, the Court entered Findings of Fact and 7 Conclusions of Law, and adjudicated the Fifth Cause of Action in favor of UMG 8 and against Clinton. 9 10 11 IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: 1. That final judgment be, and hereby is, entered in favor of UMG, and against Clinton, on the entirety of the FAC and every cause of action therein; 12 2. That the FAC be, and hereby is, dismissed with prejudice; 13 3. That the July 19, 1977, agreement between Casablanca Record and 14 FilmWorks, Inc. (“Casablanca”), and Thang, Inc. (“Thang”) (Trial Exhibit 14); the 15 October 17, 1980, Release and Settlement Agreement among Thang, Clinton, and 16 Casablanca (Trial Exhibit 205); the October 23, 1980, Artist’s Production 17 Agreement between Casablanca and P-Funk, Inc. (“P-Funk”) (Trial Exhibit 204); 18 and the December 23, 1980, agreement among P-Funk, Casablanca, and Clinton 19 (Trial Exhibit 15) are all valid and enforceable agreements that exclusively govern 20 UMG’s relationship with Clinton regarding the artist Parlet; 21 4. That Defendant UMG Recordings, Inc., which was formerly known as 22 PolyGram Records, Inc., is the successor-in-interest to the rights of Casablanca 23 relating to Clinton, including his loan-out companies, and the musical artists 24 Parliament and Parlet; 25 5. That Trial Exhibit 14, the July 19, 1977, exclusive recording 26 27 Mitchell Silberberg & Knupp LLP 1943309.2 agreement between Casablanca and Thang regarding Thang’s record production services for the artist Parlet, contains the operative royalty and other payment 28 terms between UMG and Clinton’s loan-out companies concerning the Parlet 29 1 1 Master Recordings (Pleasure Principle, Invasion of the Booty Snatchers, and Play 2 Me or Trade Me), Best of Parlet, and other compilations; and 3 6. That UMG is the copyright owner of the Parlet Master Recordings, 4 including Pleasure Principle (Copyright Registration No. SR 3-085), Invasion of 5 the Booty Snatchers (Copyright Registration No. SR 8-554), Play Me or Trade Me 6 (Copyright Registration No. SR 23-294), and Best of Parlet (Copyright 7 Registration No. SR 20-6419), including the individual sound recordings contained 8 in those long-play sound recordings. 9 10 11 9/12/08 Dated: _______________, 2008 PHILIP S. GUTIERREZ ______________________________________ The Hon. Philip S. Gutierrez United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Mitchell Silberberg & Knupp LLP 1943309.2 28 29 2

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