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PARKER v. WINWOOD

No. 18-5305.

938 F.3d 833 (2019)

Willia Dean PARKER; Rose Banks, Plaintiffs-Appellants, v. Mervyn WINWOOD; Steve Winwood; Kobalt Music Publishing, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2019.

Attorney(s) appearing for the Case

ARGUED: Taylor A. Cates , BURCH, PORTER & JOHNSON, PLLC, Memphis, Tennessee, for Appellants. Jay S. Bowen , SHACKELFORD BOWEN McKINLEY NORTON, LLP, Nashville, Tennessee, for Appellees. ON BRIEF: Taylor A. Cates , Lani D. Lester , BURCH, PORTER & JOHNSON, PLLC, Memphis, Tennessee, for Appellants. Jay S. Bowen , Lauren Kilgore , Rebekah L. Shulman , SHACKELFORD BOWEN McKINLEY NORTON, LLP, Nashville, Tennessee, for Appellees.

GRIFFIN, J., delivered the opinion of the court in which BERTELSMAN, D.J., joined. DONALD, J. (pp. 841-47), delivered a separate dissenting opinion.

OPINION

Plaintiffs Willia Dean Parker and Rose Banks sued defendants Mervyn Winwood, Steve Winwood, and Kobalt Music Publishing for copyright infringement. The district court found that plaintiffs failed to submit admissible evidence showing that Steve copied plaintiffs' protected work—one element of an infringement...

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