Chadly v. Music Together, LLC

Background

Justine Chadly and Music Together, LLC are involved in a copyright and contract action concerning four children’s music works. Chadly alleged copyright infringement, tortious interference, and other claims, and sought a declaration that she owned the works. Music Together’s counterclaims alleged copyright infringement, breach of contract, and other claims, and sought a declaration that Music Together owned or co-owned the works.

Music Together moved under Federal Rule of Civil Procedure 19, the rule governing when a person must be joined in a lawsuit, to add Thomas Foote as a party. Music Together’s counterclaims alleged that Foote co-authored the disputed works and later assigned his ownership interests to Music Together. Music Together argued that Foote’s rights would necessarily be decided in the litigation and that he therefore had to be joined.

Chadly opposed the motion. Her complaint did not allege that Foote co-authored the works; it described him as a business partner whose purchase of her franchise was allegedly frustrated by Music Together. Chadly submitted Foote’s sworn statement that he was not a writer or co-writer of the four songs and had no claim to their ownership, authorship, or copyright.

Ruling

In its reply, Music Together conceded that Foote’s affidavit showed he was not presently claiming a legally protected interest and that the affidavit effectively eliminated the need to join him under Rule 19. The court stated that, because Music Together conceded there was no basis to join Foote under Rule 19, it denied Music Together’s motion for leave to join Foote.

The order addressed only whether Foote should be added as a party. It did not decide the underlying dispute over authorship or ownership of the four works, or the parties’ other copyright and contract claims.