Edwards v. Raymond
22 F. Supp. 3d 293
S.D.N.Y.2014Background
- Plaintiffs allege copyright infringement and breach of contract against Usher, Sony, and others for copying Plaintiffs' original composition "Caught Up" to Usher's 2004 hit of the same name.
- Plaintiffs composed the song in 2002; registered May 15, 2012; claim meeting with Arista Records' Barackman led to a transfer of the work for reasonable compensation.
- Defendants filed a Rule 12(b)(6) motion to dismiss on Jan 16, 2014, submitting a side-by-side lyric comparison and audio recordings.
- Court previously resolved a related action (Pyatt v. Raymond) in 2011, dismissing on lack of substantial similarity under the ordinary observer test.
- Court dismisses the copyright claim for lack of substantial similarity, declines to exercise supplemental jurisdiction over the breach-of-contract claim, and closes the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial similarity | Edwards argues the two songs are substantially similar | Usher/Sony contend no substantial similarity | Not substantially similar; claim dismissed |
| Laches defense | Plaintiffs waited eight-and-a-half years to sue | Lahe s bar applies | Laches not reached given dismissal on other grounds; court does not address laches |
| Supplemental jurisdiction over breach of contract | Requests pendant jurisdiction under 28 U.S.C. § 1367 | Decline jurisdiction since federal claim dismissed | Declines to exercise supplemental jurisdiction; breach claim dismissed |
Key Cases Cited
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (originality requires copyrightable expression)
- Acuff-Rose Music, Inc. v. Jostens, Inc., 155 F.3d 140 (2d Cir.1998) (idea/expression distinction; common phrases not protected)
- Jorgensen v. Epic/Sony Records, 351 F.3d 46 (2d Cir.2003) (copyright ownership and copying elements standard)
- Peter F. Gaito Architecture, LLC v. Simone Dev. Corp., 602 F.3d 57 (2d Cir.2010) (substantial similarity standard; total concept and feel)
- Laureyssens v. Idea Group, Inc., 964 F.2d 131 (2d Cir.1992) (protectable expression vs. unprotectable ideas)
- Repp v. Webber, 132 F.3d 882 (2d Cir.1997) (substantial similarity in music context)
- Walker v. Time Life Films, Inc., 784 F.2d 44 (2d Cir.1986) (concept of protecting expression, not ideas)