November 12, 2013 | News

Firm wins dismissal of copyright infringement claims in case involving multiple songs and well-known artists

In an action plaintiff filed in the federal court for the Southern District of Ohio, Jonathan D. Davis, P.C. obtained dismissal of the copyright infringement claims against a multi-platinum recording artist. Plaintiff's claims concerned the David Guetta song titled Without You, which was co-written by and featured the vocal performance of our client.

Upon an initial recommendation from the federal Magistrate, the Court partially dismissed plaintiff's claim against our client for failing to allege that the defendants had access to one of plaintiff's works. The Court then granted our motion to dismiss the remainder of plaintiff's claim against our client, finding that "[n]o ordinary listener… would view these songs as similar."

The Court's decision adopting the Magistrate's recommendation is available here.

The Court's motion to dismiss decision is available here.