NOT RECOMMENDED for FULL TEXT PUBLICATION File Name: 14A0722n.06 No. 13-5796 UNITED STATES COURTS of APPEALS for the SIXTH CIRC
Case: 13-5796 Document: 38-2 Filed: 09/15/2014 Page: 1 NOT RECOMMENDED FOR FULL TEXT PUBLICATION File Name: 14a0722n.06 No. 13-5796 UNITED STATES COURTS OF APPEALS FOR THE SIXTH CIRCUIT JAMES MARTINEZ, ) ) Plaintiff - Appellant, ) v. ) ) ON APPEAL FROM THE SAMUEL TIM MCGRAW; JAMES STROUD; BYRON ) UNITED STATES DISTRICT GALLIMORE; CRAIG WISEMAN; MIKE REID; ) COURT FOR THE MIDDLE ALAMO MUSIC CORP.; DADDY RABBIT MUSIC; ) DISTRICT OF TENNESSEE BRIO BLUES MUSIC; CURB RECORDS, INC., ) RONDOR MUSIC INTERNATIONAL, INC., ) ) Defendants - Appellees. ) BEFORE: BOGGS, BATCHELDER, and WHITE, Circuit Judges. HELENE N. WHITE, Circuit Judge. In this copyright-infringement action, Plaintiff James Martinez alleges that Defendants infringed his musical composition Anytime, Anywhere Amanda with the musical composition Everywhere. The district court granted Defendants summary judgment and we AFFIRM. I. Martinez, a recording artist and producer of musical recordings, wrote Anytime, Anywhere Amanda (Anytime) around July or August 1996 and registered the copyright, together with two other songs, in December 1996. He filed the instant action in 2005 against Samuel Tim McGraw, the country-music recording artist who recorded and released Everywhere in 1997, Case: 13-5796 Document: 38-2 Filed: 09/15/2014 Page: 2 No. 13-5796 Martinez v. McGraw et al. producers James Stroud and Byron Gallimore, songwriters Craig Wiseman and Mike Reid, and the entities that registered the copyright of Everywhere in March 1997. The district court dismissed Martinez’s action for failure to state a claim, Martinez appealed, and a panel of this court reversed the dismissal of the copyright infringement claims. No. 10-5594, order entered 8/23/11.
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