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LA CIENEGA MUSIC CO. v. ZZ TOP

No. 93-55230.

44 F.3d 813 (1995)

LA CIENEGA MUSIC COMPANY, Plaintiff-Appellant, v. ZZ TOP; Billy Gibbons; Joe Michael Hill, pka: Dusty Hill; Frank Beard; Bill Ham, dba: Hamstein Music Company and Lone Wolf Production Company; Glad Music Company; Warner Brothers Records, Incorporated; WEA International, Inc.; Broadcast Music, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

Alan G. Dowling, Shapiro, Posell, Rosenfeld & Close, Los Angeles, CA, for plaintiff-appellant.

Joseph D. Schleimer, Lavely & Singer, Los Angeles, CA, for defendants-appellees.

Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

O'SCANNLAIN, Circuit Judge:

We must decide whether the sale of an unregistered recording constitutes "publication" for copyright purposes.

I

In its copyright infringement suit against the Texas blues-rock band "ZZ Top" and others, La Cienega Music Company ("La Cienega") accuses them of plagiarism in the composition of the song "La Grange"—which...

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