The plaintiff, Robert Nolan, made an agreement with Sam Fox Publishing Company,

Question

The plaintiff, Robert Nolan, made an agreement with Sam Fox Publishing Company, where Nolan transferred “all rights of every kind nature and description” of his song, “Tumbling Tumbleweed,” to Sam Fox. The plaintiff then agreed to pay Nolan royalties. Without formally notifying Nolan, Sam Fox transferred the rights of that song to the defendant, Williamson Music, Inc., who would then take on the duty of paying royalties. The plaintiff sued to rescind the contract.

Transferring the rights to the defendant without consent of the plaintiff, is a breach of contract. Yes, it was necessary for Sam Fox to obtain Nolan’s consent before making the assignment to Williamson.

Explanation / Answer

In a paragraph is two answer the following case: Nolan wrote the song “Tumbling Tumbleweeds” and, in an agreement with Sam Fox Publishing Company, transferred all rights to the song to the company. In return, Nolan was to receive royalties according to terms laid out in the agreement. Sam Fox later assigned all rights and interests in “Tumbling Tumbleweeds” to Williamson Music, Inc. Was it necessary for Sam Fox to obtain Nolan’s consent before making the assignment to Williamson? Explain. Nolan v. Williamson Music, Inc., 300 F. Supp. 1311 (S.D. NY).

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