Evidence Of Copying By Steve Winwood Inadmissible; 6th Cir. Affirms

Parker, et al. v. Winwood, et al., No. 18-5305 (6th Cir. 9/17/19).

6th Circuit affirms district court’s finding that the plaintiffs, who alleged the Spencer Davis Group’s famous 1966 song Gimme Some Lovin’ infringed the bass-line in their song from the prior year, failed to submit admissible evidence that Steve Winwood copied the work. The Court also affirmed the finding that the court lacked jurisdiction over one of the defendants, who resides in the UK. The evidence at issue was found to be hearsay: interviews with Steve Winwood. The Court also rejected arguments of striking similarity, which were not timely raised. Notably, there was a strong dissent, which focused on the plaintiffs’ expert report concerning the similarity of the works and observed that there is a “fine line” between inspiration and infringement.