Notice of Termination by Tom Scholz to Paul Ahern

Please note that this is a rendering from a scanned document. As a result, there may be some inaccuracies in the character recognition, changes to formatting, or other errors. This document was attached to the copy of the lawsuit filed by Paul Ahern against Tom Scholz. To see the originating document, click here (PDF format).



NOTICE OF TERMINATION

PLEASE TAKE NOTICE that, pursuant to Section 203 of the Copyright Act, the undersigned, Donald Thomas Scholz ("Scholz"), hereby provides notice of his termination of any and all rights transferred to any or all of P.C. Productions, Ahern Associates, Paul Ahern d/b/a Pure Songs, and Paul Ahern (collectively, "Pure Songs"), in and to the copyright in the musical works identified on the attached schedule of works (the "Schedule").

In connection with this Notice, Scholz offers the following information, required under 37 C.F.R. 201.10:

This termination is made under Section 203 of the Copyright Act.

The grantees whose rights are being terminated are Paul Ahern and P.C. Productions. Upon information and belief, and after reasonable investigation, Paul Ahern and P.C. Productions are now doing business as Pure Songs. This notice is being served upon the following, as listed in the ASCAP directory as of January 8, 2013, by First-Class Mail:


Pure Songs
c/o BSFS Ltd
15360 China Rapids Drive
Red Bluff, CA 96080
Pure Songs
c/o Next Decade Entertainment Inc.
c/o Next Decade Music
Attn: Stuart Cantor
65 West 55th Street, Suite 4F
New York, NY 10019
With a courtesy copy to:Eisenberg Tanchum & Levy
Attn: Stewart L. Levy
675 Third Avenue
New York, NY 10017

The date of execution of the grant which is being terminated is April 24, 1978. Scholz and Paul Ahern signed a songwriter's agreement on November 15, 1975 (the "1975 Agreement"), which contains the grant language. The 1975 Agreement is referenced in the recording, management and songwriting agreement executed by Scholz and other artists, and by P.C. Productions, Ahern Associates, Paul Ahern d/b/a Pure Songs, and Paul Ahern on April 24, 1978 (the "1978 Agreement"). A settlement between Paul Ahern and Charles McKenzie was executed contemporaneously with the 1978 Agreement (the "Settlement"). Prior to the 1978 Agreement and the Settlement, Scholz took the position that the 1975 Agreement was void, voidable, or terminated. He relinquished that position in exchange for various changes in the 1978 Agreement and revisions to a 1976 recording agreement with CBS Records. The 1978 Agreement changed the 1975 Agreement in many respects. One concerned the "Publisher." According to the Settlement, the 1975 Agreement was claimed to have been executed by Paul Ahern as a partner in a partnership between him and Charles McKenzie. The Ahern/McKenzie partnership was dissolved by the Settlement. Unlike the 1975 Agreement with Paul Ahern as a partner, the 1978 Agreement is with Paul Ahern as an individual and the only owner of P.C. Productions, Ahern Associates, and Paul Ahern d/b/a Pure Songs, and therefore constitutes a new grant of rights.

This Notice terminates all rights granted by Scholz to Pure Songs in the 1978 Agreement in and to the musical works identified on the attached Schedule.1

With respect to the works appearing on Boston's Don't Look Back album, an alternative basis for this notice under Section 203 of the Copyright Act is pursuant to the June 6, 2011 amendments to the regulations governing notices of termination: "In any case where an author agreed, prior to January 1, 1978, to a grant of a transfer or license of rights in a work that was not created until on or after January 1, 1978, a notice of termination of a grant under section 203 of title 17 may be recorded if it recites, as the date of execution, the date on which the work was created." 37 C.F.R. 201.10(f)(5). All works included on Don't Look Back were created in 1978.

To ensure the accuracy of information included in this Notice, Scholz requested copies of copyright registration certificates and relevant agreements from Pure Songs. Pure Songs failed to produce any documentation. As such, the information included above is culled from searches of the Copyright Office online records, commercial search reports, discovery documents and litigation exhibits, and ASCAP and other online databases.

The effective date of termination shall be January 24,2015.



1 This Notice of Termination applies to each and every work composed solely by Scholz that is included on Boston's debut album, Boston, and Boston's second album, Don't Look Back. If any such work has been omitted, such omission is unintentional and involuntary. Scholz reserves his rights to serve and record additional Notices of Termination in relation to works not deemed covered by this Notice of Termination.


To the best knowledge and belief of the undersigned, this Notice has been signed by the only person whose signature is necessary to terminate the grant referred to herein under Section 203 of the Copyright Act.


Dated: 1-18-13

Signed: ____________________
Donald Thomas Scholz
c/o Craig E. Pinkus
BOSE McKINNEY & EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
Telephone: (317) 684-5358
Facsimile: (317) 684-0358


Schedule of Works

Boston

Title
Registration Number
Registration Date
Claimant
Date of Publication
Authorship Listed on Registration
More Than a FeelingEU62532610/29/75Donald T. Scholz2*
N/A
Musical composition, words, music and arrangement by Donald T. Scholz
More Than a FeelingEU706122**8/9/76Pure SongsN/AMusical composition, words and music by Donald T. Scholz
More Than a FeelingEP3680763
11/4/76Donald T. Scholz
11/4/76Musical composition, words and music by Donald T. Scholz; arrangement for piano by Columbia Pictures Publications as employer for hire of Bert Dovo
Peace of Mind
EU53610411/19/74Donald T. Scholz4
N/A
By Donald T. Scholz
Peace of MindEU706121**8/9/76Pure Songs
N/A
Words and music by Donald T. Scholz
Peace of MindEP3665035
1/14/77Donald T. Scholz1/14/77Words and music by Donald T. Scholz; arrangement for piano by Columbia Pictures Publications as employer for hire of Bert Dovo
Peace of MindPA105906
4/25/78Donald T. Scholz4/5/78Words, music and arrangement by Donald T. Scholz
Fore-Play - Long Time
EU7061258/9/76Pure Songs7
N/A
Words and music by Donald T. Scholz
ForeplayEP3665028
1/14/77Pure Songs1/14/77Words and music by Donald T. Scholz; arrangement for piano by Columbia Pictures Publications as employer for hire of Bert Dovo
Song Without Words
EU4955586/17/74Donald T. Scholz*
N/AWords, music, arrangement by Donald T. Scholz
Rock n' Roll Band
EU5431819
12/23/74Donald T. Scholz*N/AWords, music and arrangement by Donald T. Scholz
Rock and Roll Band
EU706120**8/9/76Pure SongsN/AWords and music by Donald T. Scholz
Rock & Roll Band
EP36650510
1/14/77Donald T. Scholz
1/14/77Words and music by Donald T. Scholz; arrangement for piano by Columbia Pictures Publications as employer for hire of Bert Dovo
Gonna Hitch a Ride
EU22630212/28/70Donald T. Scholz*N/ADonald T. Scholz, contribution not specified
Hitch a Ride
EU706124**8/9/76Pure Songs11
N/AWords and music by Donald T. Scholz
Hitch a RideEP36650712
1/14/77Donald T. Scholz1/14/77Words and music by Donald T. Scholz; arrangement for piano by Columbia Pictures Publications as employer for hire of Bert Dovo
It Isn't Easy
EU62532510/29/75Donald T. Scholz*N/AWords, music and arrangement by Donald T. Scholz
Something About You
EU706118**8/9/76Pure SongsN/A
Words and music by Donald T. Scholz
Something About YouEP36650813
1/14/77Donald T. Scholz1/14/77Words and music by Donald T. Scholz; arrangement for piano by Columbia Pictures Publications as employer for hire of Bert Dovo

*An Assignment of Copyright, dated January 21, 1977 and recorded February 7, 1977, shows assignment of these registrations from Donald T. Scholz to Pure Songs.

**A letter from Blackwood Music, Inc., dated February 7, 1977 and recorded March 3, 1977, indicated that these registrations were "made erroneously... and should be expunged from the records of the Copyright Office." The five (5) registrations listed in the letter "duplicate preexisting registrations made in the name of Donald T. Scholz for the subject musical compositions."



2 The in-process records of the Copyright Office indicate that an application to renew this registration was received October 15, 2004, listing the author/claimant as Pure Songs.
3 This registration cites the prior 1975 registration (EU625326).
4 This registration was renewed on January 2, 2002 in the name of Donald T. Scholz (RE858058).
5 This registration cites the prior 1974 registration (EU536104).
6 This registration cites the prior 1977 registration (EP3 66503).
7 This registration was renewed on January 6, 2004 in the name of Donald T. Scholz (RE895693).
8 This registration cites the prior 1976 registration (EU706125).
9 This registration cites the prior June 17, 1974 registration (EU495558).
10 This registration cites the prior December 23, 1974 registration (EU543181).
11 The in-process records of the Copyright Office indicate that an application to renew this registration was received October 15, 2004, listing the author/claimant as Pure Songs.
12 This registration cites the prior 1970 registration (EU226302).
13 This registration cites the prior 1975 registration (EU625325).


Don't Look Back

Title
Registration Number
Registration Date
Claimant
Date of Publication
Authorship Listed on Registration
Don't Look Back
PAu000052500 8/10/78 Pure Songs N/A
words & music: Tom Scholz
Don't Look Back PA0000014789 9/1/78 Pure Songs 8/18/78 words & music: Tom Scholz
The Journey
PAu000052494 8/10/78 Pure Songs N/A music: Tom Scholz
The Journey PA0000014790 9/1/78 Pure Songs 8/18/78 music: Tom Scholz
It's Easy
PAu000052498 8/10/78 Pure Songs N/A words & music: Tom Scholz
It's Easy
PA0000014791 9/1/78 Pure Songs 8/18/78 words & music: Tom Scholz
A Man I'll Never Be
PAu000052497 8/10/78 Pure Songs N/A words & music: Tom Scholz
A Man I'll Never Be PA0000014792 9/1/78 Pure Songs 8/18/78 words & music: Tom Scholz
Feelin' Satisfied
PAu000052499 8/10/78 Pure Songs N/A words & music: Tom Scholz
Feelin' Satisfied PA0000014793 9/1/78 Pure Songs 8/18/78 words & music: Tom Scholz
Don't Be Afraid
PAu000052495 8/10/78 Pure Songs N/A words & music: Tom Scholz
Don't Be Afraid PA0000014796 9/1/78 Pure Songs 8/18/78 words & music: Tom Scholz


Certificate of Service

The undersigned hereby certifies that he served by First-Class Mail, a true and correct copy of the foregoing Notice of termination upon the following on this 23rd day of January, 2013:

Pure Songs
c/o BSFS Ltd
15360 China Rapids Drive
Red Bluff, CA 96080
Pure Songs
c/o Next Decade Entertainment Inc.
c/o Next Decade Music
Attn: Stuart Cantor
65 West 55th Street, Suite 4F
New York, NY 10019
With a courtesy copy to:

Eisenberg Tanchum & Levy
Attn: Stewart L. Levy
675 Third Avenue
New York, NY 10017



____________________
Craig E. Pinkus
BOSE McKINNEY & EVANS LLP
111 Monument Circle, Suite 2700
Indianapolis, IN 46204
Telephone: (317) 684-5358
Facsimile: (317) 223-0358


 
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