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376 F.3d 841 *; 2004 U.S. App. LEXIS 14251 **; Copy. L. Rep. (CCH) P28,852; 64 Fed. R. Evid. Serv. (Callaghan) 1002
SETH SWIRSKY, an individual d/b/a JULIAN'S DAD; WARRYN CAMPBELL, Plaintiffs-Appellants, v. MARIAH CAREY; JAMES HARRIS, III; TERRY LEWIS; FLYTE TIME PRODUCTIONS, INC., an entity of unknown designation, e/s/a Flyte Tyme Tunes, Inc.; ATV SONGS LLC; RYE SONGS; COLUMBIA RECORDS; SONY MUSIC ENTERTAINMENT, INC.; EMI APRIL MUSIC, Defendants-Appellees.
Subsequent History: As Amended August 24, 2004.
Amended by, Rehearing denied by Swirsky v. Carey, 2004 U.S. App. LEXIS 17969 (9th Cir. Cal., Aug. 24, 2004)
Prior History: [**1] Appeal from the United States District Court for the Central District of California. D.C. No. CV-00-09926-CAS. Christina A. Snyder, District Judge, Presiding.
Swirsky v. Carey, 226 F. Supp. 2d 1224, 2002 U.S. Dist. LEXIS 20399 (C.D. Cal., Aug. 27, 2002)
Disposition: Reversed and remanded.
substantially similar, district court, song, musical, extrinsic, chorus, pitch, choruses, summary judgment, transcriptions, measures, rhythm, basslines, similarity, sequence, matter of law, scenes, infringement, copying, chord, unprotectable, methodology, progression, lyrics, tempo, analyzing, ornament, plaintiffs', comparing, intrinsic
Civil Procedure, Appeals, Summary Judgment Review, Standards of Review, Copyright Law, Copying by Defendants, Substantial Similarity, General Overview, Summary Judgment, Entitlement as Matter of Law, Standards of Review, De Novo Review, Copyright Infringement Actions, Civil Infringement Actions, Judicial Review, Standards for Granting Summary Judgment, Burdens of Proof, Elements, Copying by Defendants, Ownership, Presumptions, Scope of Copyright Protection, Ownership Interests, Judgments, Evidentiary Considerations, Extrinsic Tests, Intrinsic Tests, Subject Matter, Protected Subject Matter, Limited Protection for Ideas, Statutory Copyright & Fixation, Literary Works, Scope of Protection, Musical Works, Governments, Courts, Judicial Precedent, Musical Arrangements, Formalities, Validity of Copyright, Validity of Facts, Deposit & Registration Requirements, Registration, Registration Certificates, Originality Requirement, Abuse of Discretion, Evidence, Admissibility, Procedural Matters, Rulings on Evidence, Relief From Judgments, Altering & Amending Judgments