BAXTER v. MCA, INC.

No. 84-6522.

812 F.2d 421 (1987)

Leslie T. BAXTER, Plaintiff-Appellant, v. MCA, INC., a Delaware corporation; Universal City Studios, Inc., a Delaware corporation; Music Corporation of America, a California corporation; MCA Records, Inc., a California corporation; Merchandising Corporation of America, a California corporation; and John T. Williams, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1987.

As Amended May 11, 1987.


Attorney(s) appearing for the Case

John T. Blanchard, Los Angeles, Cal., for plaintiff-appellant.

Louis P. Petrich, Los Angeles, Cal., for defendants-appellees, MCA, et al.

Ronald S. Rosen, Los Angeles, Cal., for defendant-appellee, John T. Williams.

Before TANG, BOOCHEVER and KOZINSKI, Circuit Judges.


TANG, Circuit Judge:

In this copyright infringement action, plaintiff-appellant Leslie T. Baxter appeals the district court's grant of summary judgment to John Williams and the other defendants-appellees. The district court granted defendants' motion based upon its determination that no substantial similarity of expression existed as between Baxter's copyrighted song Joy and the theme from the motion picture "E.T.: The Extra-Terrestrial" [hereinafter cited as Theme...

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