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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: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Conference history
Distributed for 1 conference
Proceedings
- Apr 25 2022Petition DENIED.
- Apr 06 2022DISTRIBUTED for Conference of 4/22/2022.
- Mar 28 2022Waiver of right of respondent Peermusic Ltd., et al. to respond filed.
- Feb 28 2022Petition for a writ of certiorari filed. (Response due April 1, 2022)