United States Ninth Circuit
Leadsinger, Inc. v. BMG Music Publ'g, 06-55102
In a karaoke device manufacturer's action for a declaratory judgment against music publishers claiming that it was entitled to print or display song lyrics in real time with song recordings, dismissal of the complaint without leave to amend is affirmed where: 1) plaintiff's device falls within the definition of an audiovisual work; 2) thus, in addition to any requisite 17 U.S.C. section 115 compulsory mechanical licenses and reprint licenses, plaintiff is also required to secure synchronization licenses to display images of song lyrics in timed relation with recorded music; and 3) the allegations in plaintiff's complaint do not support a finding of fair use.
Appellate Information
- Argued 10/18/2007
- Decided 01/02/2008
- Published 01/02/2008
Judges
- MILAN D. SMITH, JR., Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Anthony H. Handal, Brown Rudnick Berlack Israels LLP, New York, NY, for plaintiff-appellant.
- For Appellees:
- Karen R. Thorland, Loeb & Loeb LLP, Los Angeles, CA, for defendants-appellees.