A leading member of UK rock band 10cc has sued his former manager and publisher in an effort to take back control of the US copyrights on 13 compositions.
Graham Gouldman, who was co-lead singer in the art rock band known best for its classic I’m Not In Love, alleges that Harvey Lisberg, a music publisher and Gouldman’s former personal manager, is ignoring Gouldman’s request to take back the copyrights, and is collecting royalties on them without permission.
Under US copyright law, the original creators of compositions and recordings registered before 1978 can take back their copyrights, regardless of who they assigned them to or for how long, after 56 years. (For works registered after 1978, it’s 35 years.)
In a complaint filed with the US District Court for the Central District of California on Monday (December 8), Gouldman’s lawyers stated that in 2020 Gouldman sent a notice of termination to Lisberg’s company, Man-Ken Music, declaring he would be taking back the song copyrights on 13 compositions registered between 1965 and 1968, and which Man-Ken had been publishing for decades.
But Man-Ken “knowingly and willfully ignored” the termination dates on those compositions, which ran between 2022 and 2024, the complaint alleged.
“Despite having full knowledge that the effective dates of termination have passed, defendants improperly asserted rights in the compositions, willfully and without any basis whatsoever, continue to exploit the compositions in complete and willful disregard of the law, and assert that they, and not Gouldman or his publishing administrator Sony, are the rightful publishers,” stated the complaint.
Gouldman says he signed a publishing administration deal with Sony Music Publishing in August 2024, and Sony “became aware that Man-Ken (and its administrator Wise Music) were continuing to maintain ownership and control of the United States copyrights in and to the compositions.” the complaint stated.
The lawsuit seeks statutory damages for copyright infringement of $1.95 million, plus the profits from Gouldman’s music that Man-Ken Music made during the period it was collecting royalties past the termination date.
Gouldman is the only constant member of 10cc since its formation in 1972. Prior to 10cc, Gouldman worked as a freelance songwriter and wrote a number of hits, including The Yardbirds’ For Your Love, The Hollies’ Bus Stop, and No Milk Today by Herman’s Hermits, which is one of the compositions involved in the lawsuit.
Gouldman also co-wrote songs for 10cc, including I’m Not In Love, The Things We Do For Love and Dreadlock Holiday. None of the 10cc songs are named in the suit.
The right to take back copyrights under US law is often at play in copyright lawsuits. In 2024, a jury in Florida ruled that members of and heirs of rap group 2 Live Crew could take back their copyrights from Lil’ Joe Records.
Earlier this year, hip hop duo Salt-n-Pepa sued Universal Music Group, alleging UMG was using “heavy-handed tactics” to block them from exercising their termination rights. UMG says Salt-n-Pepa “served an invalid termination notice.”Music Business Worldwide
