Teevee Toons, Inc. v. DM Records, Inc.

Full title: TEEVEE TOONS, INC. d/b/a TVT RECORDS, Plaintiff, v. DM RECORDS, INC.; REP…

Court: United States District Court, S.D. New York

Date published: Oct 3, 2007

05 Civ. 5602 (JGK) (S.D.N.Y. Oct. 3, 2007)

Opinion

05 Civ. 5602 (JGK).

October 3, 2007

BENCH OPINION

JOHN KOELTL, District Judge

For the reasons stated on the record on September 6, 2007, the plaintiff's motion in limine to exclude the expert testimony of Elizabeth Marlowe is granted in part and denied in part. Ms. Marlowe is qualified to express her opinions in this case on the degree of change in the challenged works from the original works due to her years as a songwriter and her work as an entertainment attorney. However, the portions of Ms. Marlowe's testimony which contains legal conclusions is not admissible. These legal conclusions include whether the changes were so significant that the works became derivative works and are therefore ineligible for compulsory licenses.

SO ORDERED.