MCA Wins Music Rights

In a swift and clear-cut victory for MCA Records, a Los Angeles Superior Court judge on Wednesday ruled that two independent distributors hold no rights to a disputed treasure chest of early rock ‘n’ roll and blues songs.

Judge Abby Soven, hearing the case without a jury, ruled against the two parties that MCA sued in June, 1990--Marshall E. Sehorn of New Orleans and Creative Sounds Ltd. of Albuquerque, N.M. At issue were rights to the Chess Masters Catalogue, which includes the works of such music legends as Chuck Berry and Muddy Waters.

Soven, on the third day of the trial, prohibited Sehorn’s lawyer from introducing into evidence a copy of a document listing about 3,000 songs from the Chess Catalogue that Sehorn claimed he had acquired. Soven said that only the original document, which Sehorn said he no longer possessed, was admissible.

“What we needed was a decision on the merits,” MCA attorney Lawrence Kenswil said. “And that’s certainly what we got.”

Earlier, Soven dealt her first serious blow to Sehorn, announcing that she would not allow testimony from Joseph Robinson Sr.--the man whom Sehorn said was his most important witness.

Sehorn has said that he acquired his Chess Catalogue rights from Robinson in 1976. Nine years later, MCA purchased what it believed were exclusive, worldwide rights to the entire Chess Catalogue from Robinson for $3 million.

Both sides were surprised by the case’s quick conclusion.

“I never got a chance to put on my case,” said Sehorn’s lawyer, Richard Fannan.

Fannan and Kenswil said they were uncertain if a settlement could be reached regarding MCA’s demand for unspecified damages. Citing those pending discussions, Fannan and a lawyer for Creative Sounds said they did not yet know if they would appeal Soven’s ruling.