Edwards V. Raymond, 22 F. Supp. 3D 293 (S.D.N.Y. 2014).Pdf
EDWARDS v. RAYMOND 293 Cite as 22 F.Supp.3d 293 (S.D.N.Y. 2014) 1. Copyrights and Intellectual Property Zacharia L. EDWARDS, Mitch Moses O51 and Vince McClean, Plaintiffs, A plaintiff asserting a copyright in- v. fringement claim must show: (1) ownership Usher RAYMOND IV (p/k/a Usher), Ar- of a valid copyright, and (2) unauthorized ista Records, Inc. (n/k/a RCA Records, copying of the copyrighted work. Inc.), Andre Harris, Vidal David, Ja- son Boyd, Ryan Toby, Universal Music 2. Copyrights and Intellectual Property Corporation (n/k/a Universal Music O53(1) Group, Inc.), Dirty Dre Music (d/b/a To demonstrate unauthorized copying, Universal Music Group, Inc.), Double a plaintiff alleging copyright infringement Oh Eight (d/b/a Universal Music must: (1) show that his work was actually Group, Inc.), Poo BZ Publishing, Inc., copied, and (2) he must establish substan- Hitco Music Publishing, LLC, Music tial similarity or that the copying amounts of Windswept, Pladis Music, Inc. and to an improper or unlawful appropriation. EMI April Music, Inc., Defendants. No. 13 Civ. 7985(DLC). 3. Copyrights and Intellectual Property O83(3.1) United States District Court, S.D. New York. In a copyright infringement action, ac- tual copying may be established by direct Signed May 23, 2014. or indirect evidence. Background: Music composers brought action against alleged infringers of their 4. Copyrights and Intellectual Property musical composition and sound recording O53(1) rights in song entitled ‘‘Caught Up,’’ as- serting claims for copyright infringement The plaintiff in a copyright infringe- and breach of contract.
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