Wu-Tang and CPLR 3025

CPLR R. 3025 Amended and supplemental pleadings

Coles v Wu-Tang Prods., Inc., 2011 NY Slip Op 00789 (App. Div., 1st 2011)

The record supports the trial court's determination that plaintiff, as a lyricist of the compositions, and defendant Diggs, as a producer of the music, regarded themselves as joint authors sharing equally in the ownership of a joint work (see Childress v Taylor, 945 F2d 500, 508 [2d Cir 1991]). The court properly granted plaintiff leave to conform the complaint to the evidence presented at trial by adding a claim against Diggs for his unauthorized receipt of a 50% producer's fee (see CPLR 3025[c]; Gonfiantini v Zino, 184 AD2d 368, 369-370 [1992]).

The bold is mine

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: