· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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