Thom Shepherd v. Maximus Entertainment Group, Inc.

This appeal involves a dispute between a country music songwriter and a music publishing company arising out of an "exclusive co-publishing agreement" relating to the song "Riding with Private Malone" and other works. Because of the parties' dispute, ASCAP declined to release royalties for "Riding with Private Malone" to either the songwriter or the publisher. The songwriter filed suit in the Chancery Court for Davidson County seeking a determination that the publishing company had breached the agreement and that he was entitled to receive the royalties held by ASCAP because all the rights to "Riding with Private Malone" had reverted to him. Both parties filed motions for summary judgment. The trial court concluded that the songwriter was not entitled to the withheld royalties. After the trial court denied his motion to amend his complaint to seek money damages, the songwriter appealed. We have concluded that the trial court erred by holding that the songwriter was not entitled to the withheld royalties and that the trial court properly denied the songwriter's motion to amend his complaint.