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Long Gone Lonesome Blues

The opinion of the Middle Section Court of Appeals in Polygram Records, Inc. v. Legacy Entertainment Group, LLC, is a worthy read (and not only because of its connection to both Hank Williams and Hank Williams, Jr.). The case revolves around recordings of Hank Williams that were made to play on a "live" radio show. At the time Williams was on the radio show, MGM Records had an exclusive contract with Williams, and owned all rights to his recordings, records, and reproductions. The contract was for Williams's personal services "for the purpose of making phonograph records," and the contract prohibited Williams from performing "for the purpose of making phonograph records for any [other] person."

Forty-five years later, someone found the old Hank Williams radio show recordings and prepared to remaster and market them. MGM's successor filed suit to stop them, claiming MGM's exclusive rights. Both the trial and appellate courts ruled those rights were limited to "recordings made for the purpose of making phonograph records." Since the radio shows were only recorded to play on a live radio show, MGM has no rights to them.

A case to pull out when you have a case involving a contract that only covers actions performed with a particular purpose.