New Old Music Group, Inc. v. Gottwald et al
||New Old Music Group, Inc.
||Lukasz Gottwald, Percription Songs LLC, Kasz Money, Inc., Kobalt Music Publishing America Inc., Jessica Cornish, Sony/ATV Tunes, LLC, Sony/ATV Music Publishing, LTD., UMG Recordings, Inc., Republic Records, Inc. and Lava Records, LLC
||December 19, 2013
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1338
|Jury Demanded By:
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|August 7, 2015
OPINION & ORDER re: 43 MOTION for Summary Judgment . filed by Sony/ATV Music Publishing (UK) Limited, Percription Songs LLC, Universal Republic Records, Kasz Money, Inc., Kobalt Music Publishing America Inc., Lava Music, LLC , Sony/ATV Tunes, LLC, Lukasz Gottwald, Jessica Cornish, UMG Recordings, Inc. This case presents a difficult question about when the alleged copying of the percussion elements of a popular song is actionable. While a jury, presented with the fu ll evidentiary record, may find that the similarities between Zimba Ku and Price Tag are too commonplace to warrant an inference of actual copying, or that such similarities are not "substantial" enough to make any actual copying illegal, t he Court cannot conclude as much as a matter of law on the present motion. Defendants' motion for summary judgment is therefore denied. Within two weeks of the date of this Opinion and Order, the parties shall submit a letter to the court propos ing a fact discovery schedule, and/or any proposals for reopening expert discovery. The Clerk of Court is respectfully requested to close the motion pending at ECF No. 43. SO ORDERED. (As further set forth within this Order.) (Signed by Judge Ronnie Abrams on 8/7/2015) (ajs)
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