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· 10/21/1908

Sinclair's Admr. v. Ill. Cent. R. R.

Citations

  • 129 Ky. 828
  • 112 S.W. 910
  • 1908 Ky. LEXIS 223

How courts have described this case

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

  • emphasizing the difference between a track with only singing and one with a substantial rap component in rejecting substantial similarity
  • finding no substantial similarity in part because “the Challenged Song contains significantly sparser instrumentation backing the singers’ vocals than does the [p]laintiffs’ Song”
  • granting motion to dismiss where court found that the phrase “caught up,” was not protectable even though it was used in both the title and chorus of both songs
  • dismissing claim for lack of substantial similarity because “the [p]laintiffs’ Song is in significant part a rap song[, and] [t]he Challenged Song has no rapping; [the artist] sings all of the lyrics”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hobson

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.