RCA Records v. Hanks (1982)

Tom Paker ("The Colonel")

Overview: This case, concerning royalties owed by RCA, features Priscilla Presley as co-executor of Elvis' Estate, Blanchard E. Tual, Jr. as Lisa Marie Presley's Guardian Ad Litem, and Elvis' ex-manager, "Colonel" Tom Parker co-defendants.

RCA Records brought an interpleader action to determine who was the rightful owner of certain royalties due under its agreement with Elvis Presley.

Here, Defendant "Col." Tom Parker is seeking either to dismiss the interpleader action and the estate's cross-claims for lack of jurisdiction or to transfer the case to the federal district court in Nevada on the ground that this district is an improper venue.

The court denies Parker's motion to dismiss or transfer the interpleader action but grants his motion to dismiss the estate's cross-claims.

Dowling v. United States (1985)

Overview: In this criminal case that reached the United States Supreme Court, the Defendant, Dowling, was convicted in the U.S. District Court for mail fraud (United States v. Dowling, 1984), interstate transportation of stolen property, and conspiracy to transport stolen property interstate as a result of the sale and distribution of large quantities of bootleg recordings of Elvis Presley. The Court of Appeals for the 9th Circuit affirmed, and the U.S. Supreme Court then heard the case on petition for writ of certiorari.

One issue faced the Supreme Court, whether the interstate transportation of bootleg recordings, in infringement of copyright, violated the National Stolen Property Act (18 U.S.C. 2314).

A majority of the Court held (with opinion by Justice Blackmun, dissent by Powell, joined by Burger and White) that infringement of copyright did not amount to "theft, conversion, or fraud."

Note: In this case, a brief was filed on behalf of the Recording Industry Association of America, Inc., as amicus curiae urging affirmance of the conviction.