Legal Opinion
Swirsky v. Carey
Court of Appeals for the Ninth Circuit
Decided July 12, 2004No. 03-55033PublishedCited by 42 opinions
1Opinion of the Court
CANBY, Circuit Judge.
The plaintiffs, Seth Swirsky and Warryn Campbell, brought this action in district court, alleging that a song produced by the defendants infringed the plaintiffs’ copyright in the song, “One of Those Love Songs.” The defendants moved for summary judgment, contending that the plaintiffs’ evidence failed to meet this circuit’s threshold “extrinsic test” for substantial similarity of works. The district court granted the motion, holding that the plaintiffs’ expert had failed to show by external, objective criteria that the two songs shared a similarity of ideas and…
2Cases cited20 opinions
- GoTo.Com, Inc. v. Walt Disney Co.Court of Appeals for the Ninth Circuit · 2000
- Smith v. JacksonCourt of Appeals for the Ninth Circuit · 1996
- Brown Bag Software v. Symantec Corp.Court of Appeals for the Ninth Circuit · 1992
- Three Boys Music Corp. v. BoltonCourt of Appeals for the Ninth Circuit · 2000
- Apple Computer, Inc. v. Microsoft Corp.Court of Appeals for the Ninth Circuit · 1994
15 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Ryman v. Sears, Roebuck and Co.Court of Appeals for the Ninth Circuit · 2007
- Positive Black Talk Inc., Doing Business as Take Fo' Records, Doing Business as Take Fo' Publishing, Plaintiff-Counter v. Cash Money Records Inc., Cash Money Records Inc. Terius Gray, Also Known as Juvenile, Defendants-Counter Claimants-Appellees, and UMG Recordings Inc., Universal Records Inc. Merged Into UMG Recordings Inc. Universal Music and Video Distribution Corp. Positive Black Talk Inc., Doing Business as Take Fo' Records, Doing Business as Take Fo' Publishing v. Cash Money Records Inc., Cash Money Records Inc. UMG Recording Inc., Universal Records, Inc. Universal Music and Video Distribution Corp. Terius Gray, Also Known as JuvenileCourt of Appeals for the Fifth Circuit · 2004
- Amini Innovation Corp. v. Anthony California, Inc.Court of Appeals for the Federal Circuit · 2006
- Mattel, Inc. v. MGA ENTERTAINMENT, INC.District Court, C.D. California · 2011
- Swirsky v. CareyCourt of Appeals for the Ninth Circuit · 2004
37 more not listed; retrieve them via the Exa API.