Ninth Circuit· 5/11/1987

Baxter v. McA, Inc.

Citations

812 F.2d 421

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

rejecting the argument that a six-note sequence of a song would be unprotectable as a matter of law
reversing district court's holding as a matter of law that there was no substantial similarity between the two works, noting that \[d]eterminations of substantial similarity of expression are subtle and complex\
“Absent evidence of access, a ‘striking similarity5 between the works may give rise to a permissible inference of copying.”
“Because direct evidence of copying is rarely available, a plaintiff may establish copying 26 by circumstantial evidence of: (1) defendant’s access to the copyrighted work prior to the creation 27 of defendant’s work, and (2
“The test to be applied has been labeled an “intrinsic” one by this 20 Court in that it depends not upon external criteria, but instead upon the response of the 21 ordinary reasonable person to the works.”

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38 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

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