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· 2/13/1991

Intersong-USA v. CBS, INC.

Citations

  • 757 F. Supp. 274
  • 18 U.S.P.Q. 2d (BNA) 1828
  • 1991 WL 18496
  • 1991 U.S. Dist. LEXIS 1627

How courts have described this case

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

  • dismissing plaintiffs’ claim of radio access where there was no proof that the defendants’ songwriters heard the song
  • “To survive summary judgment Plaintiffs must show a reasonable possibility of access, not a bare possibility.”
  • songs’ structure, patterns, harmonic progression and recurring eighth note rhythm were common musical elements which were not copyrightable
  • “defendants could rebut an inference of copying by proving that the work was created independently of the plaintiffs work”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keenan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.