The singer behind the chart-topping 1980s hit “Mickey” has won a long-running legal fight over the recording rights to the song.
are seeking to enforce the right en masse against Universal Music Group and Sony Music Entertainment.
In Basil’s case, the sound recording copyright to “Mickey” was retained by her record label, which eventually passed it along to Stillwater. Basil filed a notice of termination in 2013 that would have reverted control of the entire copyright to her by 2016, but Stillwater fought back by filing a lawsuit to challenge the move.
After a federal court rejected the lawsuit in 2019, Stillwater appealed to the Ninth Circuit. It argued that Mathieson and the label had played a major role in “Mickey,” including picking Basil and funding the recording. It also claimed that the “audience appeal” of the song stemmed from both of them, not just Basil – a key consideration when weighing whether contributors are “joint authors.”
But in last week’s decision, the Ninth Circuit said it was Basil’s performance – and not the contributions of a producer — that pulled in millions of listeners. “Stillwater’s own evidence suggests that the ‘audience appeal’ of the recordings was predicated more on Basilotta’s performance than on anyone else’s,” the court wrote.
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