Bit Parts

The U.S. District Court for the Middle District of Tennessee, Nashville Division, declined to grant a defense motion to dismiss, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), a copyright infringement action filed by artist Lizza Connor over the Carrie Underwood/Brad Paisley hit recording “Remind Me.” Bowen v. Paisley, 13-cv-0414. Connor had previously written and publicly performed her song of the same name. The defendants include EMI April Music, Sony Music Entertainment, and Paisley's co-songwriters Charles Dubois and John Kelley Lovelace. District Judge Aleta A. Trauger noted of Sixth Circuit judicial practice: “Given that summary judgment motions premised on a developed record ' often with the benefit of expert testimony ' are to be granted 'sparingly,' it is not surprising that the defendants have identified only one case within this circuit in which a district court has granted a Rule 12 motion involving a copyright claim ' and that case is readily distinguishable.” After acknowledging that in Bridgeport Music Inc. v. UMG Recordings Inc., 585 F.3d 267 (6th Cir. 2009), the Sixth Circuit held that a repeated word or phrase can be the basis for infringement, District Judge Trauger found Connor “has plausibly shown that, taken in combination, the lyrics and associated melodies, intonations, and usage could be sufficiently original to constitute protectable material.” Specifically, Judge Trauger observed that in both Connor's demo of her song and the Paisley/Underwood recording, “(1) the phrase 'Remind me' is often followed by the partner phrase 'Baby, remind Me,' which essentially echoes the hook; (2) the hooks are repeated in close proximity and with similar intonation ' higher the second time than the first; (3) the hooks rise in pitch from 're-' to '-mind' and descend in pitch from 're-' to '-mind,'; and (4) the syllable 're-' crosses two tones and the syllable '-me' crosses at least three tones.”

Puerto Rico District Court Rules There Were Implied Licenses for Music Festival Artworks, But Were the Licenses Irrevocable?