Copyright lawyers do not frequently discuss questions of family law, but
an interesting case pending in California now provides reason to do so.
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| Smokey Robinson |
From 1957 to 1986, R&B singer Smokey Robinson was married
to Claudette Robinson. During that time, Smokey wrote and assigned such
hits as My Girl and You’ve Really Got a Hold on Me. In 1986,
the couple divorced. Today, Smokey hopes to exercise his termination rights
under federal copyright law to reclaim ownership over the songs. Claudette
argues that because the songs were written during their marriage, they are
community property under California state law and she is accordingly entitled
to fifty per cent of the royalties. Furthermore she alleges that Smokey
committed fraud by not disclosing this option during divorce proceedings.
Smokey has sued Claudette in federal court seeking declaratory judgment that he
may exercise his termination rights and that Claudette cannot claim any
interest under California law.
The leading case on the relationship between federal
copyright and state community property law, Rodrigue
v Rodrique, 218 F.3d 432 (5th Cir. 2000), holds that an author-spouse
maintains exclusive control over his works, but nevertheless the non-author-spouse
is entitled to some share of the net economic benefits. Yet, this appears to
stand in some conflict to an older Californian case, In re Marriage of Worth,
195 Cal. App. 3d 768 (1987), which found that spouses are joint owners of
the works created during marriage. However, neither case discusses the
relationship of termination rights to community state property. This raises the
question of whether the state community property rules are pre-empted by virtue
of the federal termination rights.
For an interesting discussion on the relationship
between state community property law and copyright termination rights, see
Llewellyn Gibbons, Termination of Copyright Transfers: The Author Spouse’s Last Laugh.
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