SILVESTER v. TIME-WARNER, INC.


14 A.D.3d 430 (2005)

787 N.Y.S.2d 870

TONY SILVESTER et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. TIME-WARNER, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 25, 2005.


Plaintiff recording artists sue to recover damages allegedly occasioned by defendant recording companies' release of certain of their recordings for transmission over the Internet in digital format. The documentary evidence, however, demonstrates conclusively that plaintiffs contracted away any rights they had to the subject recordings, without reservation, and, indeed, expressly conveyed, in each of the governing contracts entered into with defendants, the right to exploit...

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