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THREE BOYS MUSIC CORP. v. BOLTON

Nos. 97-55150, 97-55154

212 F.3d 477 (2000)

THREE BOYS MUSIC CORPORATION, Plaintiff-Appellee, v. Michael BOLTON, individually and d/b/a Mr. Bolton's Music, Inc.; Andrew Goldmark; Non-Pareil Music, Inc.; Warner-Chappell Music Limited; Warner-Tamerlane Publishing Corp.; WB Music Corp.; and Sony Music Entertainment, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2000

Attorney(s) appearing for the Case

Robert G. Sugarman, Weil, Gotshal & Manges, New York, New York, for the defendants-appellants.

Russell J. Frackman, Mitchell, Silberberg & Knupp, Los Angeles, California, for the defendant-appellant.

Pierce O'Donnell, O'Donnell & Shaeffer, Los Angeles, California, for the plaintiff-appellee.

John P. McNicholas, McNicholas & McNicholas, Los Angeles, California, for the plaintiff-appellee.

Louis Petrich, Leopold, Petrich, & Smith, Los Angeles, California, for amici, Recording Industry Association of America, Inc. and Motion Picture Association of America, Inc.

Before: FLETCHER, D. W. NELSON, and BRUNETTI, Circuit Judges.

D.W. NELSON, Circuit Judge:

In 1994, a jury found that Michael Bolton's 1991 pop hit, "Love Is a Wonderful Thing," infringed on the copyright of a 1964 Isley Brothers' song of the same name. The district court denied Bolton's motion for a new trial and affirmed the jury's award of $5.4 million.

Bolton, his co-author, Andrew Goldmark, and their record companies ("Sony Music") appeal, arguing that the district court erred in finding that: (1) sufficient evidence...

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