Range Road Music, Inc. v. East Coast Foods, Inc.
668 F.3d 1148
9th Cir.2012Background
- Defendants appeal district court's summary judgment for eight copyright infringement counts and fees.
- Plaintiffs claimed vicarious infringement based on defendants' control and financial benefit from the Sea Bird Jazz Lounge.
- Greene's declaration and investigative report, based on a non-certified witness, supported the infringement findings.
- Sea Bird Jazz Lounge drinks a liquor license owned by East Coast Foods; Hudson heads East Coast and Shoreline Foods.
- Evidence showed Hudson's managerial authority and payments tying Roscoe's Long Beach to East Coast Foods; defendants offered no contrary proof.
- Court affirmed, holding defendants liable for vicarious infringement and awarding fees/costs to plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vicarious liability sufficiency | Grokster-based control/financial benefit | Insufficient control and benefit | Complaint supported vicarious liability |
| Admissibility of Greene report | Greene's testimony suffices as percipient witness | Greene not certified expert | Report/declaration admissible under FE 601/701 |
| Substantial similarity requirement | Substantial similarity not required; actual performance shown | Need substantial similarity to prove infringement | Not required; copying of original elements shown by performance evidence |
| Vicarious liability over East Coast/Hudson | Control and financial benefit established | Independent corporate structure excludes liability | Overwhelming evidence of control/benefit; liable |
| Attorney's fees award | Fees reasonable under 17 U.S.C. § 505 | Discretion misused | District court did not abuse discretion; fees affirmed |
Key Cases Cited
- Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (U.S. 2005) (likelihood of liability for inducing infringement; control/benefit analysis)
- Conley v. Gibson, 355 U.S. 41 (U.S. 1957) (short and plain statement of claim sufficiency)
- Funky Films, Inc. v. Time Warner Entm’t Co., 462 F.3d 1072 (9th Cir. 2006) (substantial similarity not an element; focus on copying of original elements)
- Feist Publ’ns., Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (U.S. 1991) (copyright ownership/independence of original elements)
- S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081 (9th Cir. 1989) (scope of rights; performance as infringement)
- Perfect 10, Inc. v. Amazon.com, Inc., 487 F.3d 701 (9th Cir. 2007) (control and financial benefit necessary for vicarious liability)