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ARTICLE · 11 JULY 2022

Second Circuit Can't Help Finding Peretti Family's Termination Notice Ineffective

Cowan, Liebowitz & Latman, PC
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In Acuti v. Authentic Brands Grp. LLC, 33 F.4th 131 (2d Cir. May 4, 2022), the Second Circuit considered an appeal regarding the rights to the musical composition...

United StatesIntellectual Property
Joelle A. Milov
Joelle A. Milov

In Acuti v. Authentic Brands Grp. LLC, 33 F.4th 131 (2d Cir. May 4, 2022), the Second Circuit considered an appeal regarding the rights to the musical composition “Can't Help Falling in Love,” written in part by Hugo Peretti and made popular by Elvis Presley.  The song was created in 1961, under the 1909 Copyright Act, which provided for an initial copyright term of 28 years with a contingent right to renew the copyright for an additional 28-year renewal term.

In 1983, after the passage of the 1976 Copyright Act, Peretti and members of his family assigned their contingent rights and interests in the composition's renewal term to Authentic Brands' predecessors-in-interest.  Hugo Peretti, however, died in 1986, three years before the end of the initial copyright term.  In 1989, Peretti's widow and daughters registered the copyright for its renewal term, and, in 2014 Peretti's widow and daughter served Authentic Brands with a Notice of Termination, purporting to

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