Part of Jackson's Case Thrown Out Against Universal - Michael Jackson

Part of Jackson's Case Thrown Out Against Universal

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Posted by: Lawless

LOS ANGELES (Reuters) - A California judge on Friday tossed out part of pop icon Michael Jackson's lawsuit against Universal Music in which he claimed he was owed royalties for songs he recorded prior to 1979.

In a 1980 settlement with legendary record label, Motown, Jackson gave up rights to songs released before 1979, giving Motown the exclusive right to the name the Jackson 5, the group of Jackson family members that first put the star on the map.

In the suit, Jackson contends he should be paid for any songs he recorded alone or with his brothers that were re-released after the 1980 agreement.

Jackson, who is seeking payment and cancellation of the 1980 agreement, also claimed Universal used the name Jackson 5 and the group's master recordings to sell products, like the song, "I'll Be There," for an AT&T Corp commercial.

Los Angeles Superior Court Judge Emilie Elias on Friday dismissed two of Jackson's claims, finding that Universal had not breached any fiduciary duty, since Jackson gave up the rights to the pre-1980 tunes.

She also found Universal had not unlawfully used Jackson's recordings to promote other products, since Universal has the sole right to the music.

The decision allowed Jackson's suit to proceed with eight other claims, including breach of contract.

Jackson's lawyer, Michael Holtz, was not immediately available and Steven Marenberg, the attorney for Universal Music, the world's No. 1 music company which bought Motown, declined comment.

Universal is a unit of Vivendi Universal .

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