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ACUFF-ROSE MUSIC, INC. v. JOSTENS, INC.

Docket No. 98-7135.

155 F.3d 140 (1998)

ACUFF-ROSE MUSIC, INC., Plaintiff-Appellant, v. JOSTENS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 4, 1998.

Attorney(s) appearing for the Case

Robert C. Osterberg, Abelman, Frayne & Schwab, New York, New York, for Plaintiff-Appellant.

Carole L. Fern, Berlack, Israel & Lieberman, New York, New York (David C. Forsberg & Karna A. Berg, Briggs & Morgan, St. Paul, Minnesota, on the brief), for Defendant-Appellee.

Before: CALABRESI, CABRANES, and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiff-Appellant Acuff-Rose Music Inc. ("Acuff-Rose") appeals from a judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) dismissing Acuff-Rose's copyright infringement suit against Defendant-Appellee Jostens, Inc. ("Jostens"). The district court held that the phrase at issue, which Jostens copied from a song to which Acuff-Rose held the copyright, lacked the requisite originality...

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