Malaco v. Norman — Decades-Old Song Ownership Claims Were Time-Barred

Background

Malaco sought declarations concerning rights in two early-1990s New Orleans nightclub songs, “Where They At” and “Bitches (Reply).” Dion Norman and Derrick Ordogne maintained that they had contributed as authors. The 1992 releases, however, credited Jimi “DJ Jimi” Payton as the writer and identified Norman and Ordogne as producers. Malaco later acquired interests in the recordings and publishing rights through a chain of assignments.

The Court’s Holding

The court granted Malaco partial summary judgment and declared that Norman and Ordogne hold no copyright ownership in the songs’ publishing or sound-recording rights because their claims are time-barred. Copyright ownership claims accrue when an asserted owner knows or has reason to know that another party has expressly repudiated the claimed ownership.

Norman and Ordogne saw the 1992 releases that named Payton as the sole writer and listed them separately as producers. They also sued in 1994 for producer royalties without asserting authorship. Those facts, reinforced by a 1992 copyright registration, put them on notice decades before the present dispute. The three-year limitations period therefore expired long ago.

Key Takeaways

• Public credits that identify someone else as the sole writer can expressly repudiate a co-authorship claim.
• A producer credit does not preserve an authorship claim when the release separately attributes writing to another person.
• Copyright ownership disputes must be brought within three years after the claimant knew or should have known of the repudiation.

Why It Matters

The decision underscores the lasting legal significance of release credits, registrations, and a claimant’s earlier litigation position. Contributors who believe their authorship has been omitted cannot wait for a later commercial dispute to assert ownership.