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JACKSON v. AXTON

Nos. 92-56580, 93-55423.

25 F.3d 884 (1994)

David Pancost JACKSON, Jr., Plaintiff-Appellant, v. Hoyt AXTON, dba Lady Jane Music; Rondor Music International, Inc., Defendants-Appellees. David Pancost JACKSON, Jr., Plaintiff-Appellee, v. Hoyt AXTON, dba Lady Jane Music; Rondor Music International, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Evan S. Cohen and S. Martin Keleti, Cohen and Luckenbacher, Los Angeles, CA, for plaintiff-appellant-plaintiff-appellee.

Russell J. Frackman and Jeffrey D. Goldman, Mitchell, Silberberg & Knupp, Los Angeles, CA, for defendants-appellees-defendants-appellants.

Before: HUG, WIGGINS, and NOONAN, Circuit Judges.

Opinion by Judge WIGGINS.

WIGGINS, Circuit Judge:

I.

"Joy to the World" (the "Song") was composed in 1970.1 One day that year, Hoyt Axton rented a studio in order to record a demo tape of his solo musical work. He hired a band. David P. Jackson, Jr. was to play piano. The group recorded four or five Axton compositions. Axton had previously composed fragments of the Song. Just before the recording session ended, Axton...

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