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Studio Portrait of the Village People
Village People in 1979 … Victor Willis is pictured third from right. Photograph: Lynn Goldsmith/Corbis
Village People in 1979 … Victor Willis is pictured third from right. Photograph: Lynn Goldsmith/Corbis

Village People's policeman lays down the law on his right to royalties

This article is more than 11 years old
Victor Willis wins landmark legal case to reclaim part-ownership of dozens of the group's songs

Victor Willis, the original policeman in the Village People, has won a landmark copyright case, reclaiming partial ownership of dozens of the band's songs. A California judge has allowed him to terminate a decades-old publishing deal, which gives him the right to expanded royalties for hits such as YMCA and Macho Man.

"To say this decision will send shock waves through the record industry … is an understatement," Willis's publicist, Linda Smythe, told the Hollywood Reporter. This case marks a major precedent for the music industry, because it will allow songwriters to claim back the rights to their old songs.

It all goes back to the 1978 amendments to the US Copyright Act. According to that law, songwriters have the right to unilaterally terminate their copyright deals with labels and publishers, 35 years after the contracts are inked, provided they give due notice to labels and publishers. It is under that law, which takes effect next year, that Willis is relcaiming his rights to the Village People's hits.

Many artists who were making music in the late 70s, including Bob Dylan, Tom Waits and the Eagles, have begun filing notices of termination, telling their publishers and labels that they want out. And the famously litigious Willis was no different, terminating his agreement with Scorpio Music and Can't Stop Productions, which administer the Village People's publishing rights.

Scorpio and Can't Stop tried to block Willis's move: because the Village People's songs were written by several people, they argued, Willis couldn't back out without the other composers' permission. But judge Barry Ted Moskowitz disagreed, ruling on Monday that Willis can proceed. "One author who gives a grant to a publishing company has the right to recapture the copyright interest he created 35 years ago regardless of what other co-authors do or don't do," explained Willis's lawyer, Brian D Caplan, in an interview with the New York Times. "The author gets back that which he created regardless of the income stream he agreed to more than 35 years ago."

Willis will also be allowed to claim a greater share of royalties than he was originally allotted. Whereas under the old deal he reportedly received no more than 20% of songwriting royalties for any given song, for a track such as YMCA, which has three authors, he could demand a one-third share. The singer may be entitled to even more: Willis denies that one of YMCA's credited songwriters even contributed to the track.

Willis was the original lead singer of the Village People, performing with the group from 1977 to 1980. He is credited as a writer on 33 of the band's songs.

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