Range Road Music, Inc. v. East Coast Foods, Inc.
668 F.3d 1148
| 9th Cir. | 2012Background
- Music Companies own eight ASCAP-registered copyrights for the songs at issue.
- East Coast Foods Inc. and Herbert Hudson operate Roscoe's House of Chicken and Waffles; Long Beach location includes Sea Bird Jazz Lounge.
- ASCAP licensed music but East Coast ignored license requests 2001–2007; an ASCAP investigator documented live performances and CD tracks.
- Investigator Scott Greene identified eight songs performed at Roscoe's; ASCAP confirmed copyrights and sued for infringement.
- District court granted summary judgment for Music Companies and awarded fees; East Coast and Hudson appeal on liability and fee issues.
- Court affirms summary judgment and fee award, holding East Coast and Hudson liable as vicarious infringers based on control and financial benefit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of vicarious infringement claim | Music Companies alleged control and financial benefit | Complaint lacked vicarious liability pleading | Complaint sufficient to raise vicarious infringement |
| Admissibility and sufficiency of Greene’s identifications | Greene's testimony reliably identified songs | Identification by lay witness is improper expert testimony | Greene's report/declaration admissible; lay identifications sufficient |
| Need for substantial similarity evidence | Direct copying shown by performances | Substantial similarity required to prove copying | Substantial similarity not required where direct copying exists; evidence showed infringement |
| Liability of East Coast and Hudson for vicarious infringement | East Coast/Hudson control and benefit from the venue | Shoreline Foods was independent; no liability | East Coast and Hudson jointly and severally liable; demonstrated control and benefit |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading standard; plausible claims required)
- Funky Films, Inc. v. Time Warner Entm't Co., 462 F.3d 1072 (9th Cir. 2006) (copying elements of a work; usefulness of substantial similarity varies with direct copying)
- S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081 (9th Cir. 1989) (copyrights; rights to perform; factual copying guidance)
- Twentieth Century Music Corp. v. Aiken, 422 U.S. 151 (U.S. 1975) (performance in public without license infringing; direct/acrevival liability)
- Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (U.S. 2005) (contributory infringement; profit and control concepts)