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BRIDGEPORT MUSIC, INC. v. SMITH

No. 12-1523.

714 F.3d 932 (2013)

BRIDGEPORT MUSIC, INC., Westbound Records, Inc., and Southfield Music, Inc., Plaintiffs-Appellees, v. Rashaam A. SMITH, et al., Defendants, Janyce H. Tilmon-Jones, Movant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 1, 2013.

Rehearing Denied May 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey P. Thennisch , Dobrusin & Thennisch PC, Pontiac, Michigan, for Appellant. Richard S. Busch , King & Ballow, Nashville, Tennessee, for Appellees. ON BRIEF: Jeffrey P. Thennisch , Dobrusin & Thennisch PC, Pontiac, Michigan, for Appellant. Richard S. Busch , King & Ballow, Nashville, Tennessee, for Appellees.

Before: SUHRHEINRICH, MOORE and GIBBONS, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

I. Introduction

In 1974, songwriter, recording artist, producer, and performer Abrim Tilmon, Jr. ("Tilmon"), composed the song "You're Getting a Little Too Smart" ("Smart").1 In 1976, Tilmon assigned all of his rights to the song to Plaintiff Bridgeport Music, Inc. ("Plaintiff"). In 1997, Defendant rapper Rashaam A. Smith a/k/a Esham A. Smith released the song "You...

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