Ramones Lawsuit Against Apple, Wal-Mart & Real Dismissed

Richie Ramone, a former drummer from New York’s seminal punk band, The Ramones, has lost his lawsuit against Apple, Wal-Mart, and RealNetworks seeking royalties for digitally downloaded songs.

The Ramones helped define punk after forming their band in New York in 1974. They performed for 22 years, with various members, before their last show in 1996. Three of the group’s founding members, Johnny, Joey and Dee Dee, have died in recent years.

Reinhardt filed a lawsuit last year claiming he was owed nearly $1 million in royalties on songs sold over the Internet and distributed through legal music download services, such as iTunes. He wrote six songs for the group:  “Smash You,” “Somebody Put Something in My Drink,” “Human Kind,” “I’m Not Jesus,” “I Know Better Now” and “(You) Can’t Say Something Nice.”

U.S. District Judge Shira Scheindlin said in a ruling that a contract Richard “Richie Ramone” Reinhardt signed when he performed with the Ramones between 1983 and 1987 clearly covered digital uses of his songs.

Reinhardt argues that the license refers only to ‘all forms’ that are ‘manufactured or sold,’ and digital downloads do not fall within its purview because they are transmitted and licensed to end users rather than manufactured or sold. This argument is without merit. The distinction Reinhardt attempts to draw departs from the most reasonable reading of the contract and he therefore bears the burden of justifying this departure. Reinhardt has failed to meet this burden, particularly because he alleges that the digital recordings were sold, contradicting his own argument that digital recordings are licensed but not sold.

She noted that the contract defining phonograph records contained the words “now or hereafter known” when referring to forms of reproduction, making it clear that future technologies are covered by the agreement.

Jeff Sanders, a lawyer for Reinhardt, did not immediately return our telephone message  seeking comment.