Legal Opinion
Everett A. Ellis v. Joe Diffie
Court of Appeals for the Sixth Circuit
Decided May 17, 1999No. 98-5081PublishedCited by 80 opinions
1Opinion of the Court
OPINION
KAREN NELSON MOORE, Circuit Judge.
The plaintiff, Everett A. Ellis, appeals from the decision of the district court, sitting as trier of fact, against him on his copyright infringement claim. Ellis claims that the song recorded by Joe Diffie entitled “Prop Me Up Beside the Jukebox (If I Die)” [hereinafter “Prop Me Up”] is copied in substantial part from Ellis’s song entitled “Lay Me Out By the Jukebox When I Die” [hereinafter “Lay Me Out”]. The district court found that although the choruses of the songs were substantially similar to one another, Ellis did not show that the defendants…
2Cases cited11 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Ronald H. Selle v. Barry Gibb, and Ronald H. Selle v. Barry GibbCourt of Appeals for the Seventh Circuit · 1984
- Robert R. Jones Associates, Inc. v. Nino Homes, Michele Lochirco, Diebele-GinterCourt of Appeals for the Sixth Circuit · 1988
- Towler v. SaylesCourt of Appeals for the Fourth Circuit · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Jorgensen v. Epic Sony RecordsCourt of Appeals for the Second Circuit · 2003
- Jorgensen v. Epic/Sony RecordsCourt of Appeals for the Second Circuit · 2003
- R.C. Olmstead, Inc. v. CU Interface, LLCCourt of Appeals for the Sixth Circuit · 2010
- Douglas Alan Stromback, Plaintiff-Appellant/cross-Appellee v. New Line Cinema, Defendant-Appellee/cross-Appellant, Larry HessCourt of Appeals for the Sixth Circuit · 2004
- Louis M. Kohus v. John v. Mariol James F. Mariol Jvm Innovation & DesignCourt of Appeals for the Sixth Circuit · 2003
75 more not listed; retrieve them via the Exa API.