Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

IP News

By Justin Tilghman and Howard J. Shire
April 01, 2024

Appeals Court Backs Nickelback In Copyright Infringement Case

In Johnston v. Kroeger, No. 23-50254 (5th Cir. Feb. 19, 2024), the United States Court of Appeals for the Fifth Circuit affirmed the grant of summary judgment for copyright infringement based on a lack of evidence of factual copying.

Kirk Johnston, a musician and songwriter for a band called Snowblind, sued members of the popular band Nickelback and their record label and publishing company for copyright infringement. In 2001, Johnston wrote the musical composition for the song Rock Star, for which he registered the copyright and claims that Nickelback copied in their similarly titled song Rockstar. The perceived similarities between the songs led Johnston to file a copyright infringement suit in 2020. Nickelback moved for summary judgment, and the district court referred the motion to a magistrate judge, who granted the motion, concluding that Johnston had not demonstrated a genuine issue of material fact as to the existence of factual copying by Nickelback.

The district court adopted the magistrate's recommendation and dismissed Johnston's claim. Johnston appealed this decision to the Fifth Circuit, arguing that: 1) Nickelback indeed had a reasonable opportunity to access his song; and 2) the district court applied the incorrect standard for determining similarity, but, even under the striking similarity standard, the songs are too alike to be explained by something other than copying. Finding no merit in Johnston's contentions, the Fifth Circuit affirmed the district court's grant of summary judgment.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?