Chase v. Warner Bros. Entertainment, Inc.

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, UNITED STATES DISTRICT JUDGE

Plaintiffs Ellen Newlin Chase and Margaret Chase Perry sued defendants1 under the Copyright Act, 17 U.S.C. § 101 et seq., for infringing plaintiffs’ copyright in the lyrics to the song “Warm Kitty.” Defendants moved to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion is granted.

I. BACKGROUND2

Plaintiffs are the daughters of Edith Newlin, a nursery school teacher who wrote children’s poems and stories. Am. Compl. ¶¶ 24, 25. In the early…