The Court granted third-party defendant Lady Gaga's motion to dismiss the third-party complaint. Gaga and defendant co-own the copyright to a number of songs. Plaintiff brought the action seeking a declaration that he is a co-author and co-producer of the songs. After Plaintiff sued defendant, defendant brought third-party claims for indemnification and contribution against Gaga. The Court found:
Fusari’s indemnification and contribution claims against Germanotta must be grounded in federal law. But neither federal statutory law nor federal common law provide causes of action for indemnification or contribution in Copyright Act cases. See, e.g., Pure Country Weavers, Inc. v. Bristar, Inc., 410 F. Supp. 2d 439, 448 (W.D.N.C. 2006) (no cause of action for indemnification in Copyright case); Arista Records, Inc. v. Flea World, Inc., 356 F. Supp. 2d 411, 416 (D.N.J. 2005) (no cause of action for contribution in Copyright case). Accordingly, the Court will DISMISS Counts I and II WITH PREJUDICE.
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