"You say stop and I say go go go, oh no" — Paul McCartney and John Lennon.
On Wednesday, Paul McCartney responded to Sony/ATV's suggestion that he brought an "unripe" lawsuit seeking confirmation he'll reclaim rights to Beatles songs next year. In a letter to the judge, his lawyer Michael Jacobs writes, "Delay would not simplify the parties' dispute, but it would prejudice McCartney. As long as Sony/ATV refuses to disavow any right to sue for breach of contract, McCartney has a cloud over the title to his works, which devalues his rights."
In reaction to the lawsuit, Sony sent its own letter to the judge in anticipation of a conference that would lay out a forthcoming motion to dismiss.
Sony's lawyer wrote that the publisher had made no statement challenging the validity of McCartney's termination notices, that the Duran Duran case was still pending on appeal and that without an outcome, McCartney "impermissibly seeks an advisory opinion on a hypothetical claim."
On behalf of McCartney, Jacobs retorts, "By seeking to dismiss this lawsuit, Sony/ATV intends to leave McCartney in suspense. Is he exposed to claims for damages if he relies on his undisputed rights under U.S. copyright law or not? Will it sue him for breach of contract or not? Can he license his copyrights as his termination notices become effective, or does that present legal risks? Will third parties be willing to negotiate with McCartney, and at what reduction in price, concerned that they may ultimately face a Sony/ATV lawsuit for interference with contractual relations?"
By: Eriq Gardner
Source: Hollywood Reporter