(CNS) Posted Wednesday August 18, 2010 - 1:34pm
Relatives of the creator of the singing Chipmunks won a round today in their ongoing legal battle with Capitol Records.
A panel of appellate justices reversed a judge's decision that had allowed the label to use the singing mammals' music for purposes other than records and CDs.
In a unanimous decision penned by Justice Dennis Perluss, the three-member panel sent the case back to Los Angeles Superior Court Judge Teresa Sanchez-Gordon for further proceedings.
The decision was announced through an e-mail, and the opinion was not immediately available.
Sanchez-Gordon found last year that Capitol Records was entitled to continue issuing licenses to others to use the Chipmunks music in film soundtracks, television, toys, ring tones and other ventures.
The family of Ross Bagdasarian, through their company, Bagdasarian Productions LLC, filed suit in January 2008, alleging breach of contract and conversion.
They also sought an accounting of license fees and other revenues received by Capitol, and claimed damages of nearly $525,000.
According to the lawsuit, Bagdasarian granted Liberty Records Inc. recording rights to his music in 1968 and specified that it was only to be used in records.
He came up with the idea for the animated trio in the late 1950s.
Capitol Records later obtained Liberty's rights. Lawyers for Capitol denied there were any such limitations on the use of the Chipmunks music.
Bagdasarian Sr. died in January 1972.
Lawyers for Capitol Records argued in appellate court papers that the Bagdasarians were trying to change a decades-old contract.
"The undisputed evidence at trial (before Sanchez-Gordon) established that for decades (the family) knew about, and acquiesced to, Capitol's licensing of the master recordings to third parties for use in film and television,' the label's court papers stated.
The songs recorded by Bagdasarian Sr. with the Chipmunk characters (basically his voice sped up) included "The Chipmunk Song (Christmas Don't be Late).'
The movie "Alvin and the Chipmunks' reached No. 1 at the weekend box office in December 2007, and in 2008 the Blu-ray version of the movie also reached the top of the charts.
"Alvin and the Chipmunks: The Squeakquel' was released in December, and DVD/Blu-ray sales began in March.
