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N.Y. court upholds Bob Dylan, UMG win in lawsuit over catalog sale

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Musician Bob Dylan (C) waits prior to receiving a Presidential Medal of Freedom in the East Room of the White House in Washington, May 29, 2012. REUTERS/Kevin Lamarque

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  • Jacques Levy co-wrote songs on Dylan's "Desire," including "Hurricane"
  • Court said contract doesn't entitle Levy to part of $300 million sale
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(Reuters) - A New York appeals court on Tuesday upheld a win for Bob Dylan and Universal Music Group Inc against a former Dylan collaborator who claimed he was entitled to money from Dylan's landmark $300 million sale of his song catalog to UMG.

The state court affirmed that Jacques Levy's contract with Dylan only entitled him to a specific set of royalties, which did not include any proceeds from Dylan's historic 2020 sale.

Levy, a songwriter and theater director, co-wrote seven songs that appeared on Dylan's 1976 album "Desire," including its most famous song "Hurricane."

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His widow Claudia Levy sued Dylan and UMG last year on behalf of his estate, arguing Levy and Dylan's 1975 contract entitled him to returns from Dylan's catalog sale. She asked the court for at least $1.75 million from the sale and $2 million in punitive damages.

New York County Judge Barry Ostrager ruled in July that the contract gave Dylan complete ownership of the copyrights and limited Levy's compensation to 35% of mostly licensing royalties, which UMG had continued paying.

A three-judge appeals court panel agreed Tuesday that the compositions were Dylan's sole property and affirmed the decision.

"Nothing submitted by plaintiffs concerning music industry custom and practice supports a reading otherwise," the judges wrote in a joint opinion.

Dylan's attorney Orin Snyder of Gibson, Dunn & Crutcher called the lawsuit "opportunistic" and said they were "pleased the court has again rejected this sad attempt to profit off of Bob's recent catalog sale."

Levy's attorneys did not immediately respond to a request for comment.

The case is Levy v. Zimmerman, No. 2021-02843, Supreme Court, Appellate Division, First Department, New York.

For Levy: Russell Zwerin of Aaron Richard Golub

For Dylan and UMG: Orin Snyder, Tom Dupree, Brian Ascher and Alexandra Perloff-Giles of Gibson, Dunn & Crutcher

(NOTE: This story has been updated with additional counsel info for Dylan and UMG.)

Read more:

Bob Dylan, UMG defeat 'Desire' co-writer's claims over catalog sale

Bob Dylan sells entire song catalog to Universal Music

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Washington-based correspondent covering court cases, trends, and other developments in intellectual property law, including patents, trademarks, copyrights, and trade secrets. Previous experience at Bloomberg Law, Thomson Reuters Practical Law and work as an attorney.