## Facts

- In 1964, Wardell Quezergue registered a copyright in the song *It Ain’t My Fault*, listing Quezergue and Joseph Johnson as the work’s sole authors and copyright owners.
- In 1992, Johnson executed a power of attorney authorizing Joe Jones to act on Johnson’s behalf regarding use of the song; the document did not state that Johnson transferred any copyright ownership to Jones.
- Later in 1992, Jones registered a copyright in *It Ain’t My Fault* in the name of “Smokey Johnson Publishing Co. & Melder Publishing Co.” The registration certificate recited that ownership had been transferred “by written agreement.”
- The next day, Jones filed renewal paperwork relating to the 1964 and 1992 registrations for the song.
- Johnson and Quezergue sued Jones (doing business as Melder Publishing Co.) in federal court for copyright infringement, disputing that Jones owned any copyright interest.
- Plaintiffs served requests for admission at Jones’s last known address asking him to admit or deny the existence of a signed, written assignment; the mailing was returned marked “refused,” and Jones asserted he never received it.
- Plaintiffs moved for summary judgment on copyright ownership.
- Jones proceeded pro se, filed two oppositions, and sought sanctions against plaintiffs and/or their counsel.
- Jones’s initial opposition offered no assignment evidence; his supplemental opposition attached a purported 1964 assignment that appeared to have been prepared using modern word-processing equipment.
- Jones’s filings contained abusive and disparaging statements directed at plaintiffs and their counsel, and plaintiffs sought sanctions after giving 21 days’ notice to withdraw or correct the challenged filings.

## Issues

1. Whether Jones produced competent evidence of a valid transfer of copyright ownership—specifically, a signed written assignment satisfying 17 U.S.C. § 204(a)—sufficient to defeat summary judgment on ownership.
2. Whether sanctions were warranted based on the parties’ sanctions motions and the content and support for Jones’s filings.

## Decision

- Granted plaintiffs’ motion for summary judgment against Jones on copyright ownership and declared that Jones did not own a copyright interest in *It Ain’t My Fault*.
- Held that the 1992 power of attorney authorized agency action but did not transfer copyright ownership.
- Held that the registration certificate’s statement that ownership was transferred “by written agreement” did not establish that a valid written assignment actually existed.
- Determined that Jones’s late-produced “1964 assignment,” which appeared to be a modernly prepared document, did not create a genuine dispute of material fact as to a valid historical transfer.
- Denied Jones’s motion for sanctions against plaintiffs and/or their counsel.
- Addressed plaintiffs’ request for sanctions in light of Jones’s unsupported and abusive filings following Rule 11 notice.

## Legal Principles

- A transfer of copyright ownership (other than by operation of law) is not valid unless it is in a signed writing by the owner or the owner’s authorized agent. 17 U.S.C. § 204(a).
- A power of attorney that authorizes an agent to act concerning use of a work does not, without transfer language, convey copyright title.
- A copyright registration’s recital that ownership was transferred “by written agreement” is not proof of an actual signed assignment satisfying § 204(a).
- On summary judgment, once the movant shows the absence of evidence supporting the nonmovant’s ownership claim, the nonmovant must come forward with specific, competent evidence creating a triable dispute; facially unreliable documentation may be found inadequate to do so.
- Courts may deny sanctions sought without a proper factual and legal basis, and may consider Rule 11 consequences for filings that lack evidentiary support or are presented for improper purposes; pro se status does not exempt a litigant from Rule 11 standards.

## Conclusion

The court ruled that Jones could not claim any copyright interest in *It Ain’t My Fault* because he failed to produce reliable evidence of a § 204(a)-compliant written assignment, and it granted summary judgment for the plaintiffs on ownership while rejecting Jones’s request to sanction his opponents and addressing sanction concerns raised by Jones’s unsupported and abusive filings.


Johnson v. Tuff N Rumble Management, Inc., 2000 WL 622612 (2000)