The author of the lyrics to “I Love You,” the song popularized by a six-foot-tall purple dinosaur, cannot recover for her attorney’s alleged malpractice in handling her negotiations with the producers of “Barney,” the Indiana Court of Appeals said March 15, because the author did not own the copyright in the lyrics when those negotiations took place ( Bernstein v. Glavin , Ind. Ct. App., 3d Dist., No. 45A03-9810-CV-445, 3/15/00).

In 1981, Lee Bernstein answered an advertisement soliciting submissions of original songs that could be sung to the tunes of popular children’s songs. Jean Warren of Warren Publishing told Bernstein that the songs would be compiled into a book, with the author of each song to receive a copy of the book and acknowledgment of her work. Bernstein subsequently submitted the lyrics to “I Love You,” which were intended to be sung to the tune of “This Old Man.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]