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BROADCAST MUSIC, INC. v. HIRSCH

Nos. 95-56144, 95-56185.

104 F.3d 1163 (1997)

BROADCAST MUSIC, INC., Plaintiff, v. Perry L. HIRSCH and Marc R. Staenberg, Defendants-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1997.

Attorney(s) appearing for the Case

Joel P. Schiff, Law Offices of Joel P. Schiff; Marc R. Staenberg, Law Offices of Marc R. Staenberg, Los Angeles, CA; Perry L. Hirsch, Dapeer & Hirsch, Los Angeles, CA, for defendants-appellants.

Gary R. Allen and Annette M. Wietecha, Tax Division, United States Department of Justice, Washington, D.C., for defendant-appellee.

Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

The question we decide in this case is whether a federal tax lien takes priority over prior unrecorded assignments of the taxpayer's rights to receive royalty income from the performance of a copyrighted work.

Broadcast Music, Inc. ("BMI") licenses the public performance rights in copyrighted musical compositions. It collects and pays royalties arising from licensed public performances of copyrighted compositions. Ronald Miller...

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