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LEADSINGER, INC. v. BMG MUSIC PUB.

No. 06-55102.

512 F.3d 522 (2008)

LEADSINGER, INC., Plaintiff-Appellant, v. BMG MUSIC PUBLISHING, a division of Bertelsmann, e/s/a BMG Songs, Inc., e/s/a Careers-BMG Music Publishing, Inc.; BMG Songs, Inc.; Careers-BMG Publishing, Inc.; Zomba Enterprises, Inc., e/s/a Zomba Songs, Inc.; Zomba Songs, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2008.

Attorney(s) appearing for the Case

Anthony H. Handal, Brown Rudnick Berlack Israels LLP, New York, NY, for plaintiff-appellant.

Karen R. Thorland, Loeb & Loeb LLP, Los Angeles, CA, for defendants-appellees.

Before: DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

MILAN D. SMITH, JR., Circuit Judge:

This case requires us to determine how the Copyright Act, 17 U.S.C. §§ 101-1332, applies to karaoke devices that enable individuals to sing along to recordings of musical compositions, which is a matter of first impression in this circuit. In the district court, Plaintiff-Appellant Leadsinger, Inc., a karaoke device manufacturer, filed a complaint for declaratory judgment against music publishers, Defendants-Appellees...

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