and Submitted March 8, 2016 Pasadena, California
from the United States District Court for the Central
District of California Ronald S.W. Lew, District Judge,
Michael Gross (argued), Michael Gross Law Office, St. Louis,
Missouri, for Plaintiff-Appellant.
Jeffrey M. Movit (argued) and Christine Lepera, Mitchell
Silberberg & Knupp LLP, New York, New York; Elaine K.
Kim, Mitchell Silberberg & Knupp LLP, Los Angeles,
California; for Defendants-Appellees.
Before: Richard R. Clifton, and Sandra S. Ikuta, Circuit
Judges, and Frederic Block, [*] District Judge.
panel affirmed the district court's summary judgment in
favor of the defendants in a copyright infringement case.
Loomis, composer of the song "Bright Red Chords, "
alleged that the defendants stole a two-measure vocal melody
and used it as the theme for the verse melody in their hit
song "Domino." The panel held that Loomis did not
put forth any potentially admissible evidence to establish
that the Domino songwriters had access to Bright Red Chords,
either on a chain-of-events theory or a
widespread-dissemination theory. Accordingly, he failed to
establish copyright infringement.
CLIFTON, Circuit Judge
Will Loomis is the composer of a song called "Bright Red
Chords." He brought this lawsuit alleging that Defendant
Jessica Cornish (publicly known as Jessie J) and a team of
high-profile songwriters led by Lukasz Gottwald (publicly
known as Dr. Luke) stole a two-measure vocal melody from
Bright Red Chords and used it as the theme for the verse
melody in their hit song "Domino." The district
court granted the Defendants' motion for summary
judgment, concluding that Loomis did not put forth any
potentially admissible evidence to establish that the Domino
songwriters had access to Bright Red Chords. We affirm.
composed and recorded Bright Red Chords with his band, Loomis
and the Lust, in Santa Barbara, California, in 2008, and
thereafter obtained a copyright registration for the song by
depositing a copy with the U.S. Copyright Office. Loomis then
released Bright Red Chords on a 2009 album, Nagasha, and a
2010 album, Space Camp. He also created a music video for the
Red Chords was Nagasha's feature track and it garnered
some attention in 2009 and 2010. For example, the Bright Red
Chords video won the MTVU "Best Freshman" video
award and was featured in Billboard Magazine. In addition,
there was evidence presented that Bright Red Chords was
distributed by Urban Outfitters as part of a corporate
sampler CD and was played in a variety of name-brand clothing
stores. MTV selected Loomis and the Lust as one of its best