Ory v. McDonald

MEMORANDUM *

Babette Ory appeals the district court’s order granting the defendant, Country Joe McDonald, summary judgment on Ory’s claim of copyright infringement and awarding McDonald his attorneys’ fees. We affirm.

I

McDonald moved for summary judgment arguing that Ory’s claim — that McDonald’s song Fixin’ to Die a Rag CFixin” ’) infringed on Ory’s copyright to the song Muskrat Ramble — was precluded by the doctrine of laches. To prove laches, *583the defendant must prove that there was a delay in bringing the action, that the delay was unreasonable, and that the alleged infringer was prejudiced…