3and Island Records, Inc. (together “Island”) pursuant to aseries of exclusive recording agreements. Defendant UMG isIsland’s successor-in-interest.
UMG is the largest recordcompany in the world and is engaged in the business of producingsound recordings, and distributing, selling, and licensing thedistribution and sale of its sound recordings as phonorecords.Among its activities, UMG sells, licenses, and distributes soundrecordings embodying the performances of Bob Marley, includingthe Sound Recordings that are the subject of Plaintiffs’copyright claim in this action.a. The 1972 Agreement: “Catch A Fire” and “Burnin’”On August 25, 1972, Island entered into a recordingagreement with Bob Marley and two other artists (the “1972Agreement”).
Pursuant to the 1972 Agreement, Marley agreed toperform services as a recording artist exclusively for Islandand to produce “sufficient acceptable recordings” for two albumsduring the term of the agreement. Island agreed to pay Bob
In the late 1980s or early 1990s, Island was acquired by anentity within the PolyGram Music Group (“PolyGram”). In 1998,Universal Music Group, of which UMG is a part, acquiredPolyGram.
The 1972 Agreement consists of a customized letter agreement,attached to which are certain standard recording artist contractconditions. The 1972 Agreement states that in the event of aconflict between the provisions of the letter and those of theconditions, the provisions of the letter shall govern. The 1974and 1975 Agreements, discussed below, have the same format.
Case 1:08-cv-06143-DLC Document 93 Filed 09/10/10 Page 3 of 34