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Cher’s lawsuit alleging Sonny Bono’s widow, Mary Bono, owes her $1 million in unpaid royalties on Sonny & Cher songs — including hits like “I Got You Babe” — had Monday, March 25 saying hypothetical.
U.S. District Judge John A. Kronstadt heard arguments regarding a pending motion to dismiss the lawsuit and challenged Mary Bono’s position that federal copyright law allows her to terminate the 50% right to royalties that Sonny Bono had agreed to, Cher as a former couple signed their divorce settlement in 1978.
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In his hypothesis, Judge Kronstadt asked what would happen if two spouses ended a long marriage and one of the spouses “as here” agrees to forego spousal support in exchange for royalty payments. “A year later, while both spouses are still alive, there’s this cessation of the source of income, so the spouse who was supposed to be receiving the earnings isn’t getting it anymore. After waiving spousal support a year earlier, do you think that spouse would get by without a legal remedy?” asked the judge.
“You couldn’t go back to the court and say you need to change or modify the previous judgment because it was believed you would receive revenue that you no longer receive?” Kronstadt continued
Bono’s attorney, Daniel J. Schacht, said the court’s hypothesis raised a “fairness” issue that appeared to contradict his client’s position. But he argued that the provision of copyright law that allows artists and heirs to terminate and regain rights after many years is intended overall to enforce fairness and protect against improper, endless deals that control permanent works.
“This is a rule that must apply universally,” said Schacht. “And, frankly, it’s not the Chers of the world that Congress is worried about, it’s the publishers. They’re trying to protect writers and give them another bite in the apple.”
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Cher’s attorney, Peter J. Anderson, said the judge’s hypothesis was “another reason to conclude that these are state rights excluded from the scope of termination” as set forth in copyright law.
“The heirs are not strangers. They entered into Sonny’s rights under a contract which stated that his rights were contingent on the obligations he had made (in) the marriage contract. The idea that they can do as they please was not embraced in copyright law, as it expressly excludes state rights and expressly limits termination to the grant of copyright. License rights are not rights under copyright law,” argued Anderson.
At the end of the hearing, Judge Kronstadt gave both sides two weeks to present further arguments before his verdict.
Mary Bono — who was elected to replace Sonny in Congress just months after his death in a skiing accident in 1998 — claims in her resignation motion that federal law, particularly the copyright law, violates any state treaty or community property law Cher cited in her trumps breach of contract lawsuit filed Oct. 13 in federal court in Los Angeles.
In her lawsuit, Cher alleges that Mary Bono, 60, and the Bono Collection Trust are illegally attempting to terminate her 50% of the composition and recording royalties for Sonny & Cher songs that were awarded to her upon their 1978 divorce. According to Mary Bono, that 50% interest has expired and the rights will revert to Sonny’s heirs.
“Sonny could grant Cher his then-current rights, including a 50 percent interest in his copyrights. However, Sonny could not have signed his heirs’ future termination rights,” reads Mary’s notice of termination. “The heirs’ right of termination under the Copyright Act preempts Cher’s claim for breach of contract under state law. Therefore, their claim fails.”
While Cher’s lawsuit lists Mary Bono as the sole named defendant, both individually and as trustee of the Bono Collection Trust, the lawsuit also affects Sonny Bono’s other heirs, including Chaz Bono, Cher’s only child with Sonny, as well as Chesare Bono, Chianna Bono and Christy Bono, named it in Mary’s records.
Cher, 75, is a Grammy, Oscar and Emmy winner who began performing with Sonny Bono in 1964, appearing with him on The Sonny & Cher Comedy Hour before pursuing a solo singing career and critically acclaimed roles in passed over to the films Silkwood, Mask , The Witches of Eastwick and Moonstruck.
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