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Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-55552, 20-55759 · judgment November 29, 2021


Certiorari denied · April 25, 2022
Pre-decision estimate: 8% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

In a copyright infringement case, when deciding whether two musical works are substantially similar, should the courts apply the ordinary observer test as is the rule in the Second Circuit, or should the courts apply the two-part extrinsic/intrinsic test as is the rule in the Ninth Circuit?

Counsel of record

For petitioner
Michael Machat
Machat & Associates, P.C.

For respondent
Tal Dickstein
Loeb & Loeb LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 25, 2022 · Certiorari denied

Proceedings

  1. Apr 25 2022
    Petition DENIED.
  2. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  3. Mar 28 2022
    Waiver of right of respondent Peermusic Ltd., et al. to respond filed.
  4. Feb 28 2022
    Petition for a writ of certiorari filed. (Response due April 1, 2022)