Legal Opinion
La Cienega Music Co. v. ZZ Top
Court of Appeals for the Ninth Circuit
Decided January 10, 1995No. 93-55230PublishedCited by 19 opinions
1Opinion of the Court
*952Opinion by Judge O’SCANNLAIN; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether the sale of an unregistered recording constitutes “publication” for copyright purposes.
I
In its copyright infringement suit against the Texas blues-rock band “ZZ Top” and others, La Cienega Music Company (“La Cienega”) accuses them of plagiarism in the composition of the song “La Grange” — which the band wrote and recorded over twenty years ago. The song, which is ZZ Top’s signature song, has had global circulation as a phonorecord, has been recorded…
2Cases cited4 opinions
- Roy Export Company Establishment Of Vaduz, Liechtenstein v. Columbia Broadcasting System, Inc.Court of Appeals for the Second Circuit · 1982
- Rosette v. Rainbo Record Manufacturing CorporationDistrict Court, S.D. New York · 1973
- Marion Rosette, Plaintiff-Appellee-Cross-Appellant v. Rainbo Record Manufacturing Corporation, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1976
- Jones v. Virgin Records, Ltd.District Court, S.D. New York · 1986
3Cited by19 opinions
- Michael Skidmore v. Led ZeppelinCourt of Appeals for the Ninth Circuit · 2020
- Batjac Productions Inc., a California Corp. v. Goodtimes Home Video Corp., a Delaware Corp. Marybeth Peters, Register of CopyrightsCourt of Appeals for the Ninth Circuit · 1998
- Mahlon Dolman v. Michael Agee Michael Agee Productions L & H Records the Nostalgia ArchiveCourt of Appeals for the Ninth Circuit · 1998
- ABKCO Music, Inc. v. LavereCourt of Appeals for the Ninth Circuit · 2000
- Capitol Records, Inc. v. Naxos of America, Inc.New York Court of Appeals · 2005
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