Video

Correction: Straight Outta Compton Worldwide: $200,076,586 , George Cinton and his songwriters $0.00 (Nov. 13, 2015)

FLASHLIGHT2013.com

The total gross sales for Straight Outta Compton has been corrected to

Worldwide:  $200,076,586
  • We apologize about the error.
  • We remain disturbed that there appears to be no sense of urgency in correcting the error listed below to George Clinton and members of Parliament Funkadelic.
  • We call on the F.B.I. to accelerate their investigation of what many are calling an “on-going, systematic fraud of the U.S. Copyright Office by record company executives, some of their accountants and lawyers,….”

George Clinton and his songwriters $0.00 –

Straight Outta Compton $200,420,210 –

is this part of the largest fraud on the US Copyright Office by record company executives, their lawyers and accountants?

Nov. 9, 2015

Another milestone has been reached by the tremendously successful Straight Outta Compton movie as it exceeds the $200 million gross sales worldwide, but at the same time George Clinton and his songwriters have never been paid for any of the songs played in the movie.  Not only not paid from the $200 million generated by this epic film, but never paid for the samples related to some of the most creative music produced in America by this living legend and his band of merrymakers.

Something is terribly wrong and TMZ is one of the first media outlets to recognize it, as seen in this ambush interview they did with Mr. Clinton a week ago:  https://www.youtube.com/watch?v=TjQGNIK-wGg&index=1&list=PLJ8ulZbyFoq6n_3CNBkSExrYSz8ZouoaL

If you are like me, you will be shocked, dismayed and bummed to learn that Mr. Clinton, his fellow songwriters, including the children and heirs of those who have passed away, are being shut-out of all royalties, compensation and financial credit for their labor related to this movie.

Unfortunately this situation is part of what many are calling  “an on-going, systematic fraud of the US Copyright Office by record company executives, their lawyers and accountants” and impacts literally hundreds of others.

In April 2013, FLASHLIGHT2013 filed a whistleblower case with the Department of Justice focusing on this issue and the “potential” collusion and/or RICO activity of Armen Boladian, Executives at Universal Music Group. BMI and others,…and some of their accountants and lawyers.

We are not sure of the facts yet and we can not say for certain what we have uncovered is indeed fraud at the highest level. But we are certain an investigation by the F.B.I. is the only way to get to the facts, which we conservatively estimate has cost the US Taxpayer and the Musicians/Songwriters over $76.5 million.

We are up against very well-financed, high-powered, intellectually superior but morally corrupt international companies that are “potentially” doing “this” to Mr. Clinton and hundreds of others including Sly Stone, Pat Lewis, and the heirs of David Pryor, Sugarfoot (Ohio Players) and Mr. Bo Diddley.

If you would send this blog and our website www.flashlight2013.com to your friends, family and colleagues,…it will help us to get the facts out and raise the pressure for action.

Also, we thank you for your support of our Generosity crowdfunding campaign, which is located here and will help us finalize our non-profit status and then take this fight to the next level:

www.generosity.com/fundraisers/george-clinton-and-many-others-copyright-justice

Thank you for reading our update, for caring, and for helping us help some of the creative geniuses of our lifetimes.

peace,

phil

888.206.3264

info@ flashlight2013.com

p.s.

We wish Mr. McDaniel (Bo Diddley’s oldest son) success in his courtroom battle this week!!!!  WE WILL WIN!

George Clinton and his songwriters $0.00 – Straight Outta Compton $200,420,210 – is this part of the largest fraud on the US Copyright Office by record company executives, their lawyers and accountants?

FLASHLIGHT2013

Nov. 9, 2015  Another milestone has been reached by the tremendously successful Straight Outta Compton movie as it exceeds the $200 million gross sales worldwide, but at the same time George Clinton and his songwriters have never been paid for any of the songs played in the movie.  Not only not paid from the $200 million generated by this epic film, but never paid for the samples related to some of the most creative music produced in America by this living legend and his band of merrymakers.

Something is terribly wrong and TMZ is one of the first media outlets to recognize it, as seen in this ambush interview they did with Mr. Clinton a week ago:  https://www.youtube.com/watch?v=TjQGNIK-wGg&index=1&list=PLJ8ulZbyFoq6n_3CNBkSExrYSz8ZouoaL

If you are like me, you will be shocked, dismayed and bummed to learn that Mr. Clinton, his fellow songwriters, including the children and heirs of those who have passed away, are being shut-out of all royalties, compensation and financial credit for their labor related to this movie.

Unfortunately this situation is part of what many are calling  “an on-going, systematic fraud of the US Copyright Office by record company executives, their lawyers and accountants” and impacts literally hundreds of others.

In April 2013, FLASHLIGHT2013 filed a whistleblower case with the Department of Justice focusing on this issue and the “potential” collusion and/or RICO activity of Armen Boladian, Executives at Universal Music Group. BMI and others,…and some of their accountants and lawyers.

We are not sure of the facts yet and we can not say for certain what we have uncovered is indeed fraud at the highest level. But we are certain an investigation by the F.B.I. is the only way to get to the facts, which we conservatively estimate has cost the US Taxpayer and the Musicians/Songwriters over $76.5 million.

We are up against very well-financed, high-powered, intellectually superior but morally corrupt international companies that are “potentially” doing “this” to Mr. Clinton and hundreds of others including Sly Stone, Pat Lewis, and the heirs of David Pryor, Sugarfoot (Ohio Players) and Mr. Bo Diddley.

If you would send this blog and our website www.flashlight2013.com to your friends, family and colleagues,…it will help us to get the facts out and raise the pressure for action.

Also, we thank you for your support of our Generosity crowdfunding campaign, which is located here and will help us finalize our non-profit status and then take this fight to the next level:

www.generosity.com/fundraisers/george-clinton-and-many-others-copyright-justice

Thank you for reading our update, for caring, and for helping us help some of the creative geniuses of our lifetimes.

peace,

phil

888.206.3264

info@ flashlight2013.com

p.s.

We wish Mr. McDaniel (Bo Diddley’s oldest son) success in his courtroom battle this week!!!!  WE WILL WIN!

NWA Straight Outta Compton $165,921,635 George Clinton and Parliament Funkadelic $0.00 Now that’s a shut-out!

FLASHLIGHT2013

If you have seen the Straight Outta Compton movie, then you have heard George Clinton’s music and that of his fellow songwriters and musicians in the bands Parliament and Funkadelic.

If you are like me, you will be shocked, dismayed and bummed to learn that Mr. Clinton, his fellow songwriters, including the children and heirs of those who have passed away, are being shut-out of all royalties, compensation and financial credit for their labor related to this movie.

Unfortunately this situation is part of what many are calling  “an on-going, systematic fraud of the US Copyright Office by record company executives, their lawyers and accountants” and impacts literally hundreds of others.

In April 2013, FLASHLIGHT2013 filed a whistleblower case with the Department of Justice focusing on this issue and the “potential” collusion and/or RICO activity of Armen Boladian, Executives at Universal Music Group. BMI and others,…and some of their accountants and lawyers too.

We are not sure of the facts yet and we can not say for certain what we have uncovered is indeed fraud at the highest level. But we are certain an investigation by the F.B.I. is the only way to get to the facts, which we conservatively estimate has cost the US Taxpayer and the Musicians/Songwriters over $76.5 million.

What do we need you to do?  HELP US FIGHT!  We are up against very well-financed, high-powered, intellectually superior but morally corrupt international companies that are “potentially” doing “this” to Mr. Clinton and hundreds of others including Sly Stone, Pat Lewis, and the heirs of David Pryor, Sugarfoot (Ohio Players) and Mr. Bo Diddley.

If you would send this blog and our website www.flashlight2013.com to your friends, family and colleagues,…it will help us to get the facts out and raise the pressure for action.

The Donate page on our website also has our MEET and GREET GEORGE CLINTON OFFER, T-shirts, links to the NEW FUNKADELIC ALBUMN and Mr. Clinton’s new AUTOBIOGRAPGHY “Brothas be Yo like George, Ain’t that Funkin Kindof Hard on You?”

Since the summer of 2012 we have been fighting tirelessly to get George Clinton, his bandmates and songwriters, justice.

Out of the over 170 albums they created, only 4 remain in their possession, and even those are getting little or no compensation.

In a future blog I will share the story of how the guys at NWA called G and Archie one sunny day in L.A, in the 70s, and asked if it was cool to use their music….the rest became history,…and the present.

peace,

phil cenedella

human rights advocate

888.206.3264

info@flashlight2013.com

https://youtu.be/Y1J3C477jV0?list=PLJ8ulZbyFoq6n_3CNBkSExrYSz8ZouoaL

  • To the bad guys: Comments above are protected by my U.S. Constitution 1st Amendment rights – see website for further details and legal stuff…and two questions for you: Who the hell is Belda Blaine? How can you sleep at night?

George Clinton shut out $160,745,995 – $0 in Straight Outta Compton movie, just like last night’s home teams in the MLB Playoffs

FLASHLIGHT2013

$160,745,995 – $0

WE WILL WIN!
”I (George Clinton) want to be known as the man who brought to the attention of America the copyright issues. That’s what I would like my legacy to be, to have turned people on to the fact that they need to fight for their rights to their music. You have to fight a lot of people for your music. You have to fight the copyright companies, like BMI. You have to fight these record companies because they really want to take it all. Right now, it’s time for people to start getting their music back. From about 1978 to 2013, the first thirty-five years, is the timeframe from which you’re allowed to get your music back. In 2013, this will be the first time a lot of people are going to get their music back and I’m going to help them! WE WILL WIN!”

Anyone who has seen the new movie about the formation of NWA knows George Clinton and his Parliament and Funkadelic bands.

The movie has now grossed $160,745,995 and George Clinton has received $0.00  A complete and devastating shut out like the home teams in last night’s MLB Playoffs know as well.

As part of what many are calling an:

“On-going, systematic fraud of the US Copyright Office by record company executives, their lawyers and accountants…”

Mr. Clinton, the co-authors of the songs, and the heirs of those who have passed have received zero dollars.

Because of the “mis-appropriation” of their copyrights, they anticipate receiving zero dollars forever…unless we, the fans, come to their rescue now.  Not next year, not sometime in the future,….but now.

We invite you to read Page 379 on the http://www.flashlight2013.com website for an example of some of the facts behind the “mis-appropriations” we speak about.

We again call on the members of NWA to do the right thing and make sure George Clinton and his co-authors are compensated for their creative works.

And we ask you to support our efforts in calling for a Federal Investigation to the underlying issues involved, potentially including:  Fraud, RICO, Perjury, and Falsifying federal copyright documents.

We indeed do not have all the necessary facts to back up these claims, and that is why we continue to ask for our tax-payer funded organizations; The Dept. of Justice, The F.B.I. and the California Attorney Generals Office to investigate and put those found to be involved in jail.

As of September 2015, we estimate this potential fraud has cost the US Taxpayers and Musicians over $76.5 million and we assume that figure is very low.

Hope you enjoy the playoffs,…we still can not bring ourselves to watch the Straight Outta Compton movie because of this issue.

Hopefully that will change soon.

peace,

phil

George Clinton and Simon & Schuster sued…for what? Page 379.

FLASHLIGHT2013

As part of what many are calling the “on-going, systematic fraud of the U.S. Copyright Office by record company executives, their lawyers and accountants…” LAW360 reported recently on one of the nation’s largest law firms, Stroock & Stroock & Lavan, who is being sued as well:

<<Law360, Los Angeles (September 8, 2015, 8:50 PM ET) — Stroock & Stroock & Lavan LLP on Tuesday urged a California judge to end claims that it pursued a meritless copyright suit against George Clinton’s former business partner on behalf of the funk icon, saying that the firm had probable cause to file the lawsuit. Clinton’s onetime producer Armen Boladian and his production companies, Bridgeport Music Inc. and Westbound Records Inc., filed suit in Los Angeles in March, alleging that Clinton and his lawyers pushed a meritless case over copyrights to Parliament albums so Clinton could embarrass him in the media.>>

This coming week in Los Angeles, Simon & Schuster’s lawyers will be defending themselves as George Clinton did in mid-August.  They are both using the anti-SLAP motions against this lawsuit which is related to the “mis-appropriated” copyrights under dispute.  Some very interesting information on this topic, and the “smoking gun” for the RICO investigation we call for, can be found on Page 379 of George Clinton’s new autobiography which can be found at http://www.flashlight2013.com

FLASHLIGHT2013 invites you to view our website and the fisrthand testimonials on our video channel.  We again reiterate the urgency of the DOJ and FBI investigating the claims of fraud and potential RICO actions, that conservatively cost the US taxpayer and musicians hundreds of millions of dollars.

———-

”I (George Clinton) want to be known as the man who brought to the attention of America the copyright  issues.  That’s what I would like my legacy to be, to have turned people on to the fact that they need to fight for  their rights to their music. You have to fight a lot of people for your music. You have to fight the copyright  companies, like BMI. You have to fight these record companies because they really want to take it all.  Right now,  it’s time for people to start getting their music back. From about 1978 to 2013, the first thirty-five years, is the  timeframe from which you’re allowed to get your music back.   In 2013, this will be the first time a lot of people are  going to get their music back and I’m going to help them!  WE WILL WIN!”  ​– “woof” 10.15.2012    www.flashlight2013.com

The Copyright Act provides Musical Creators the Constitution Right to reclaim their property after 35 years without question, hesitation or impediment. ​FLASHLIGHT2013 is the entity to assure that happens!

”I (George Clinton) want to be known as the man who brought to the attention of America the copyright  issues.  That’s what I would like my legacy to be, to have turned people on to the fact that they need to fight for  their rights to their music. You have to fight a lot of people for your music. You have to fight the copyright  companies, like BMI. You have to fight these record companies because they really want to take it all.  Right now,  it’s time for people to start getting their music back. From about 1978 to 2013, the first thirty-five years, is the  timeframe from which you’re allowed to get your music back.   In 2013, this will be the first time a lot of people are  going to get their music back and I’m going to help them!  WE WILL WIN!”  ​– “woof” 10.15.2012

FLASHLIGHT2013 welcomes you to the month of October 2015.  Our main items we are working on this month include:

  • Raising awareness of the defamation lawsuit brought against George Clinton by Armen Boladian.
  • Stop the pending sale of the last 4 album copyrights that George Clinton owns before they too are “mis-appropriated”
  • Sell our new Tshirts and get the donations needed to finalize the 501c3 non-profit
  • Establish a victims-only teleconference call to plan for our future success!

Our Mission, our marching orders are simply to help G with his goal, and then help others in the same situation.

”I (George Clinton) want to be known as the man who brought to the attention of America the copyright  issues.  That’s what I would like my legacy to be, to have turned people on to the fact that they need to fight for  their rights to their music. You have to fight a lot of people for your music. You have to fight the copyright  companies, like BMI. You have to fight these record companies because they really want to take it all.  Right now,  it’s time for people to start getting their music back. From about 1978 to 2013, the first thirty-five years, is the  timeframe from which you’re allowed to get your music back.   In 2013, this will be the first time a lot of people are  going to get their music back and I’m going to help them!  WE WILL WIN!”  ​– “woof” 10.15.2012

SBM flashlight2013 600w

The Copyright Act provides Musical Creators the Constitution Right to reclaim their property after 35 years without question, hesitation or impediment.  ​FLASHLIGHT2013 is the entity to assure that happens!

To help us reach our goal, please call 888-206-3264 or visit http://www.flashlight2013.com

Thank you.

Woof.

Video

COPYRIGHT TERMINATION: HOW AUTHORS (AND THEIR HEIRS) CAN RECAPTURE THEIR PRE-1978 COPYRIGHTS

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COPYRIGHT TERMINATION:
HOW AUTHORS (AND THEIR HEIRS) CAN
RECAPTURE THEIR PRE-1978 COPYRIGHTS


By Attorney Lloyd J. Jassin

To protect authors of older works from having to “live” with a bad deal they entered into when they had little negotiating skill or leverage, the Copyright Act provides that at the end of 56 years, the author (or if the author is dead, his wife and children or grandchildren), can recapture the last 39 years of copyright. For example, a publishing contract signed in 1948 can be terminated in 2004, provided timely notice of termination is given. As long as the work is not a “work made for hire,” the right of termination cannot be waived — even if there are contractual provisions to the contrary.

The Copyright Act also gives families of deceased authors another opportunity to extract value from copyrighted works. When the author of an older work dies during the initial 28-year term of copyright, that author’s family has the right to reclaim his or her renewal copyright — a further term of 67 years of copyright protection. This added opportunity to get back ownership of copyrights exists even if the author assigned his or her renewal term (or devised it by will) to someone other than his or her family.

These often overlooked, but powerful rights, exist, in part, because young writers, musicians and artists, often signed away their copyrights for little or no money early in their careers. For example, in 1938 Jerry Siegel and Joe Schuster, two young men from Cleveland, Ohio, signed over all of their rights to the Superman character to DC Comics for $130.00 and vague promises of future work. To address this, and similar economic injustices, Congress gave authors (and their heirs) a second chance to strike better financial deals. As a result, starting in 1999, Siegel’s heirs recaptured his rights to the Superman character. Fortunately, you don’t have to be a man of steel to reclaim your rights. The estates of Truman Capote, Norman Rockwell, Lorenz Hart, and many others have availed themselves of these valuable rights.

Termination After 56 Years

Section 304(c) of the Copyright Act, says that a copyright owner (or his or her heirs) can terminate all grants, licenses or transfers of rights (made prior to 1978) beginning on the 56th year after that assignment was made. This allows authors to benefit from laws that extended the term of copyright from 56 years to 95 years. The Copyright Act provides a five year period beginning in the 56th year, in which these grants, licenses and transfers may be terminated. To terminate a publishing contract, the author, or his or her heirs, must file a notice of termination within the time limits specified by the Copyright Act. If not terminated, the agreement will continue for the life of the copyright — or the duration of the agreement.

Copyright Duration

To understand this valuable right, it is helpful to have a basic understanding of the copyright renewal system. Before January 1978, the duration of all copyrights was split into two consecutive 28-year terms. During the last (28th) year of the initial term, authors were entitled to renew their copyrights for a further term of 28 years. Through a series of amendments to the Copyright Act, the renewal term was extended 19 years, and then an additional 20 years, for a total of 95 years (28+28+19+20=95). If an author dies before renewal time arrives, certain statutory successors (generally, the author’s family, executor or next of kin) are entitled to recapture his or her copyright for the extended term. Since pre-1978 copyrights now endure for 95 years, heirs can recapture up to 67 years (28+67=95). Works published after December 31, 1977 are protected for the life of the author plus 70 years.

The Opportunity to Terminate Knocks Twice: Termination After 75 Years

If you miss the opportunity to recapture the 39-year term of copyright (56 + 39 = 95), you can try again at the end of 75 years to recapture the final 20 years of copyright. This provision allows authors, artists and composers who missed the opportunity to recapture the 19-year term extension provided under the 1976 Copyright, to reap the benefits of the 20-year windfall afforded under the 1998 Copyright Term Extension Act. To take advantage of this new opportunity to terminate, notice of termination must be sent to the proper party no later than 78 years from the date of the original copyright (or, as early as 65 years after initial publication).

The Devil is in the Details

The manner in which notice of termination is given is highly technical and beyond the scope of this article. For example, notice provided prematurely, or too late, can frustrate your efforts to recapture rights. Besides the author’s widow or widower, children and grandchildren, the Copyright Act also permits termination rights to be exercised by an author’s executor, administrator or personal administrator, provided there is no spouse, children or grandchildren. Also, in situations where there are multiple authors, or after the death of an author, more than one individual may hold the right to terminate. In addition, termination notices must be recorded with the Copyright Office prior to the date of termination. Keep in mind that special rules apply to derivative works, such as motion picture versions of books. Despite termination, the right to continue to exploit previously-prepared derivative works (e.g., a motion picture based on a book) may be immune, or safe from termination. This privilege, however, does not extend to preparation of new derivative works based on the work covered by the terminated grant.

Any copyright proprietor wishing to terminate a grant, license or transfer of any copyright rights must provide at least two (2) years’ and no more than ten (10) years’ written notice to the person to whom the grant was made. For example, if work was copyrighted on September 26, 1948, termination could be effected as early as September 26, 2004. Therefore, the earliest possible date to serve a “Notice of Termination” would be September 26, 1994. The latest date you could serve notice of termination in this instance would be September 26, 2007. Before the stated date of termination, an author, for example, can negotiate for a better deal with his original publisher, or, upon termination make a new deal with a new publisher.

TIP: Notice may be served anytime during the period beginning 46 years after the original copyright date and running through 59 years after the original copyright date.

What a Family Should Do if an Author Dies During the Initial 28-Year Term

If you are the heir of an author who died during the first 28-year term of copyright, you may have a hidden interest in his or her pre-1978 copyrights. Even if that author assigned or willed his or her copyrights to a third party, the author’s heirs, not that unrelated third party (e.g., mistress or publisher), would own the renewal term. That is because when an author dies before the end of the 28th year of copyright, the 67 years of renewal copyright vests automatically in the author’s statutorily designated heirs. For example, following the initial term of their deceased father’s play, The Cave Dwellers, the children of Pulitzer Prize-winning playwright, William Saroyan renewed the play’s copyright in their name. Asserting Saroyan’s children were estranged from their father, the William Saroyan Foundation, to whom Saroyan left his copyrights, attacked the children’s renewal claim. The court, however, concluded that Saroyan’s bequest of renewal rights in the play to the Foundation was invalid. Why? To the surprise of many — including some family law and estate planners — federal copyright law trumps a decedent’s will. In this instance, notwithstanding his wishes to the contrary, since Saroyan died before the renewal term vested, his copyrights remained with his family.

To take advantage of this interesting wrinkle in copyright law the work must have been published before January 1, 1978. You should “claim” your right in the renewal term by sending the publisher written notice that you acquired the renewal rights in the copyright. If you fail to send notice, the publisher, or other licensee or assignee, will continue to collect monies. If a writer, or writer’s family, is uncertain whether he or she assigned their renewal interest, contact an attorney familiar with these matters to review the contracts. 

TIP: There are two circumstances under which one can “bump” a will or contract. First, if the copyright contract does not expressly grant or assign the renewal rights to the publisher or record company. Second, even if the contract or will grants a third party renewal rights, that grant will be disregarded if the author dies during the first 28-year copyright term.

How Heirs Can Stop Film and TV Adaptations of Terminated Works

The policy of permitting an author’s heirs to recapture rights if the author dies before the renewal term, also allows an author’s heirs to stop exploitation of motion picture and television programs (and other derivative works) based on the terminated work. That is, after transfer of rights in the underlying work is terminated, the owner of the derivative work (e.g., motion picture version of a novel) has no right to continue exploiting the work in any manner.

Even if a motion picture company obtained the right to produce a film based on a novel, and that agreement was for the “for the full term of copyright, and any renewals and extensions thereto,” the author’s heirs are not bound to that agreement if the author does not survive to the renewal term. If the motion picture company does not obtain a license to distribute the film from the author’s heirs, continued distribution of that film during the renewal term would infringe the novel’s copyright. Of course, this powerful right to stop Hollywood from distributing film adaptations only works if the author does not survive to the renewal term. Like the rules governing termination after 56 and 75 years, the rules governing recapture of renewal terms are very complicated.

Advice for Publishers

If a publisher would like protection against the eventuality of a copyright owner’s death before the renewal period, certain steps can be taken for protection. For example, if the author is very old, or ill, publishers should file a copyright renewal on the author’s behalf at the beginning of the 28th year after publication. Publishers can also attempt to obtain assignments of renewal rights from the author’s spouse, children and even grandchildren — although, this approach is not foolproof. Keep in mind, time is your biggest enemy. Therefore, you must act promptly. Of course, if you are an author, and are very ill, it would make sense not to renew you copyright. In the event of your death, provided you or your publisher didn’t file for renewal, your heirs would be able to recapture your copyrights during the renewal term. Important! If heirs do not file a copyright renewal application, they forfeit the right to stop exploitation of derivative works during the renewal period.

Keep in mind that the days of contact and will bumping are limited. After 2005, there will be no more copyright renewals, at which time, the dead can rest soundly knowing that their wishes (and wills) will be carried out.

Terminating Post-1977 Author Grants & Assignments

While beyond the scope of this article, post-1977 grants are subject to similar, but not identical, termination rules as pre-1977 works. Post-1977 grants, such as a songwriter agreement with a music publisher, may be terminated during a five year period beginning 35 years after the grant was made. To exercise the 35-year right of termination, authors must give written notice not less than two or more than ten years from the intended termination date. That means, if the original copyright date is January 1, 1978, a notice of termination can be served as early as January 2003. For 1979 works, notice of termination can be served as early as 2004, and so on. Put another way, for post-January 1, 1978 works, the earliest date of notice is 25 years after the grant was signed.

Unlike the recapture rules for pre-1978 copyrights, which provides for termination of rights granted by either the author or his or her heirs, the 35- year rule only applies to grants made by the author after January 1, 1978. What this means is that the author’s surviving spouse or children may terminate assignments executed after January 1, 1978, provided, the assignment was made by the now dead author.

Conclusion

The issue of who owns and controls copyright rights after an author dies is a complicated matter. If you are the spouse, child, grandchild or next of kin a deceased author, you may have inherited the right to recapture that individual’s valuable copyrights. Bear in mind, artistic and literary property are governed by very complex rules. Therefore, if you think you are eligible to recapture your spouse’s copyrights, or terminate your father’s publishing contract, you are advised to contact a copyright attorney who is knowledgeable in this area.

Note: This article assumes, without taking a position on the matter, that the US Supreme Court will uphold the constitutionality of the copyright term extension enacted by Congress.

20. I assigned my copyright to a publisher under a contract that did not mention the renewal term specifically. Did he get it anyway?

No. It is generally accepted that in order for the original publisher to have acquired the renewal copyright, the grant to him had to specify that the assignment from you included copyright renewals. If it did not, you own the renewal copyright and can assign it to a different publisher. However, this only applies to United States renewal rights. Even if the original assignment was silent on renewals, the first-term publisher will continue to control the work for the rest of the world, because of the single copyright term in effect in most other countries.

Even if the publisher were granted the renewal term, if the granting composer died during the first copyright term, the publisher’s U.S. rights are cut off in favor of the composer’s heirs, who can make a new grant of the renewal copyright to whomever they choose, or keep it for themselves. If the composer’s death occurred in the 28th year of copyright after Form RE was filed, however, the renewal rights remain with the publisher.

 

http://www.copyrightfoundation.org/

Dept. of Justice letter of 19 Nov. 2015,…attachment: April 26, 2013 letter – re: Whistleblower case on potential on-going, systematic fraud of the US Copyright Office – www.flashlight2013.com

FLASHLIGHT2013.com
<<<sent via email>>>
19 Nov. 2015
To:
Ms. Leslie Caldwell
c/o Chief, Litigation III Section
Antitrust Division
U.S. Department of Justice
450 5th Street NW, Suite 4000
Washington, DC 20001
From:
Philip J. Cenedella
Dear Asst. Attorney General Caldwell –
1- We understand you are reviewing BMI’s business practices and will be receiving a petition from them titled:
Justice Department Review of the BMI and ASCAP Consent Decrees
2- Below is a copy of our request to your office, asking for an investigation, dated April 26, 2013.
3- In the past 31 months, we have assembled numerous documents, facts and testimonials that shed significant insight to what many are calling: “an on-going, systematic fraud of the US Copyright office by record companies, their lawyers and accountants, costing the US taxpayer and musicians over $76.5 million.”
4- We invite you to view www.flashlight2013.com, specifically:
* The TMZ interview of George Clinton
* The Testimonials of Miss Pat Lewis and Mr. LuShawn Clinton
* The Legal Vault page with details on the “mis-appropriated copyrights” associated with the recent movie blockbuster Straight Outta Compton
Finally, and with all due respect, we ask the head of your investigative team to contact us in order to accelerate the investigation.
The Houston office of the F.B.I. has been involved recently and our claims are deemed credible.
We believe this is potentially the largest fraud on the US Copyright Office in history, it has caused significant harm to its victims, and many citizens feel this needs to be corrected immediately.
Thank you for your response.
Philip J. Cenedella
====================================

Dear Mr. Cenedella,

Your correspondence to the U.S. Department of Justice has been referred to the Criminal Division (CRM) for review and response.

A Controlled Tracking System number, 300397123, has been assigned to your correspondence for future reference.  For any further information regarding your correspondence, you can telephone us at (202) 353-4641.  You can also find general information about the Department of Justice online at www.justice.gov<http://www.justice.gov/>.

Please be aware that the standard response time for most inquiries is 60 days.  If you requested assistance with a personal legal matter, you should be aware that there are time limits called statutes of limitations that establish deadlines after which criminal prosecutions and private civil lawsuits can no longer be filed.  The Department of Justice cannot provide legal advice to you regarding your rights or whether there may be time limits that apply to your situation. Therefore, you may want to consult with an attorney promptly for legal advice.  If you do not have an attorney, or if you cannot afford an attorney, you may wish to contact the lawyer bar association for your state to request an attorney referral or to obtain information on whether free or reduced-fee legal services are available to you.

Sincerely,

Correspondence Management Staff
Office of Administration

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———- Forwarded message ———-
From: FLASHLIGHT2013.com <flashlight2013.com@gmail.com>
Date: Fri, Apr 26, 2013 at 10:46 AM
Subject: WHISTLEBLOWER: Music Copyright – Criminal and Civil fraud – Detroit, Michigan and nationwide
To: criminal.division@usdoj.gov
Cc: John.Conyers@mail.house.gov, Bobby.Rush@mail.house.gov
4.26.13

Hello Attorney General Eric Holder and the USDOJ Criminal Division –

My name is Philip James Cenedella from Ocean Beach, California and my phone number is 800.682.1942, cell 619.886.1465.
I am responsible for the website www.flashlight2013.com and have been tracking numerous cases of U.S. copyright litigation occurring in America over the past few years.
I have become aware of a number of significant, and troubling  issues related to Federal Court cases, originating in Michigan, involving the fraudulent (and potentially criminal) activities of local businesses.
Some of the litigants may be in collusion with Federal District Court Judges.  I am not sure of that being a fact,….but the facts that we have uncovered, lead me to believe there is a good possibility that is indeed the case.
Honestly, I have become concerned for my welfare over the past few months due to the items I have been reporting on.  I am now reaching out to your office to help uncover the truth related to these matters and protect me:
* Bankruptcy fraud in court cases in Michigan and Florida
* Fraudulent U.S. Copyright Office filings in Washington DC (some filed on behalf of people that were deceased)
* Collusion between companies, lawyers, and potentially Federal Court Judges and their Clerks on cases in Federal Courts or the Court of Appeals.
I am copying the Honorable Congressman John Conyers and Congressman Bobby Rush who are knowledgeable about our cause and may be able to provide additional background on the issues.
I would like to officially present this Whistleblower case to your office for immediate investigation.
Thank you for your attention to this matter.  I would be glad to fill in more specifics at your direction.
peace,
phil

619.886.1465 cell

 

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“I (George Clinton) want to be known as the man who brought to the attention of America the copyright issues. That’s what I would like my legacy to be, to have turned people on to the fact that they need to fight for their rights to their music.

You have to fight a lot of people for your music. You have to fight the copyright companies, like BMI. You have to fight these record companies because they really want to take it all.  Right now, it’s time for people to start getting their music back.

From about 1978 to 2013, the first thirty-five years, is the timeframe from which you’re allowed to get your music back.   In 2013, this will be the first time a lot of people are going to get their music back and I’m going to help them!  WE WILL WIN!”

 
==================================
Philip J. Cenedella, Director
Video

F.B.I. investigating Clinton’s claims! www.flashlight2013.com

Nope – not the emails of Hillary but the “on-going, systematic fraud of the U.S. Copyright Office by record company executives, their lawyers and accountants…” as described nicely by GEORGE CLINTON on http://www.flashlight2013.com

For the smoking gun – please read the link titled:  PAGE 379

We will be providing updates as we get them,……and we will be updating soon!

peace,

phil

888.206.3264

info@  flashlight2013.com

flashlight2013.com
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