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Latin American Music Co. v. American Society of Composers Authors and Publishers

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Before Torruella, Baldock *fn1 and Howard, Circuit Judges.

This dispute involves rights to a single song, “Caballo Viejo.”*fn2 The appellants are the Latin American Music Company (“LAMCO”) and the Asociación de Compositores y Editores de M£sica Latino Americana (“ACEMLA”).*fn3 The appellee is the American Society of Composers, Authors, and Publishers (“ASCAP”). After a trial, a jury found that the rights belonged to ASCAP. This determination turned on an implicit finding that ASCAP’s predecessor in interest West Side Music Publishing, Inc. (“West Side”), lawfully terminated a 1982 contract that had previously transferred West Side’s rights in Caballo Viejo to the appellants.

The appellants’ primary argument is that the jury was improperly instructed about the manner in which the 1982 contract could be terminated. The appellants also take issue with an additional jury instruction, with the verdict form, and with comments made by ASCAP’s attorney during closing argument.*fn4 We affirm.

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