No. 21-1196

Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-02
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure copyright-infringement extrinsic-intrinsic-test musical-works ordinary-observer-test substantial-similarity
Latest Conference: 2022-04-22
Question Presented (from Petition)

in a copyright infringement case, when deciding whether two musical works are substantially similar, should the courts apply the ordinary observer test as is the rule in the second circuit, or should the courts apply the two-part extrinsic/intrinsic test as is the rule in the Ninth circuit?

Question Presented (AI Summary)

Whether the courts should apply the ordinary observer test or the two-part extrinsic/intrinsic test when deciding substantial similarity in a copyright infringement case

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-03-28
Waiver of right of respondent Peermusic Ltd., et al. to respond filed.
2022-02-28
Petition for a writ of certiorari filed. (Response due April 1, 2022)

Attorneys

Johann songs-Publishing, Ltd
Michael MachatMachat & Associates, P.C., Petitioner
Peermusic Ltd., et al.
Tal DicksteinLoeb & Loeb LLP, Respondent