The panel filed an order amending its previous opinion, and in the amended opinion the panel affirmed the district court’s order appointing a receiver and authorizing the sale of master sound recording copyrights in an action between musician George Clinton and his former law firm Hendricks & Lewis.
Hendricks & Lewis obtained judgments against Clinton for past-due attorneys’ fees, and moved for an order authorizing the sale of master recordings made by Clinton to satisfy the judgments.
The panel held that under Washington law Clinton’s copyrights in the masters were subject to execution to satisfy judgments made against him. The panel also held that § 201(e) of the federal Copyright Act did not protect Clinton from the involuntary transfer of his copyrighted works. The panel further held that under Washington law the district court did not abuse its discretion by appointing a receiver to manage or sell ownership of the copyrights. The panel held that Clinton may raise claims of fraud on the court and judicial estoppel for the first time on appeal, but concluded that both claims were meritless. Finally, the panel held that Clinton failed to raise his preemption, Erie doctrine, and due process arguments before the district court, and, therefore,