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· 4/27/1993

Jarvis v. a & M RECORDS

Citations

  • 827 F. Supp. 282
  • 27 U.S.P.Q. 2d (BNA) 1812
  • 1993 U.S. Dist. LEXIS 10062
  • 1993 WL 275360

How courts have described this case

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

  • holding that the Copyright Act does not preempt claims brought under New Jersey law for the appropriation of another’s “voice or likeness”
  • holding that a prima facie case of ownership can be established when plaintiff “present[s] a certificate of registration by the United States Copyright Office”
  • finding that “[t]o establish profits, plaintiff is only required to present evidence of the defendants’ gross profits”
  • defendants allegedly misappropriated “the last several minutes” of plaintiffs song’s distinctive keyboard riff, as well as distinctive lyrics
  • “The Copyright Act does not preempt claims based on the appropriation of unfixed, non-copyrightable items such as a plaintiffs voice or likeness.”
  • “It is settled law that a right is equivalent to copyright if it is infringed by the mere act of reproduction, performance, distribution or display.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Harold A. Ackerman

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.