Singer Jessie J Wins Appeal in ‘Domino' Infringement Case

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By Anandashankar Mazumdar

Sept. 6 — The creators of singer Jessie J's hit 2011 recording “Domino” didn't have demonstrable access to a Santa Barbara band's record to support a claim of copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled Sept. 2 ( Loomis v. Cornish, 2016 BL 287823, 9th Cir., No. 13-57093, 9/2/16 ).

The appeals court affirmed a trial court's award of summary judgment in favor of Jessie J and her record company, Universal Music Group Inc., in a case alleging that they copied Loomis and the Lust's 2008 recording of “Bright Red Chords.”

The court rejected Will Loomis' arguments that the songwriters and producers of “Domino”—which included pop hitmakers Dr. Luke and Max Martin—could have heard “Bright Red Chords” because the song was being played on local radio during the time they were working on “Domino” in Santa Barbara, Calif.

The court also rejected theories that individuals who came into contact with “Bright Red Chords,” and later worked with people who might have worked on “Domino,” may have handed over copies of the record.

These theories “might have survived summary judgment,” the appeals court said, except that they were “not supported by potentially admissible evidence.”

Source Material:

Loomis v. Cornish

District Court Opinion: Nov. 13, 2013

Complaint: June 25, 2012

Judge Richard R. Clifton issued the court's ruling, which was joined by Judges Sandra S. Ikuta and Frederic Block.

The Michael Gross Law Office represented Loomis. Mitchell Silberberg & Knupp LLP represented Jessie J.

To contact the reporter on this story: Anandashankar Mazumdar in Washington at amazumdar@bna.com

To contact the editor responsible for this story: Mike Wilczek at mwilczek@bna.com

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