Copyright Infringement Claim Against Songwriter Dr. Luke Fails Absent Evidence of "Access"; 9th Cir.

Loomis v. Cornish, No. 13-57093 (9th Cir. Sept. 2, 2016).

Plaintiff composer's claim, alleging that high-profile songwriters (including Dr. Luke) stole a two-measure vocal melody and used it as the theme for the verse melody in their hit song “Domino,” failed because the plaintiff did not put forth any potentially admissible evidence to establish that the Domino songwriters had access to plaintiff's song, holds the 9th Circuit in affirming summary judgment for the defendants.

Will Loomis, composer of the song “Bright Red Chords,” alleged that the defendants stole part of his song. The panel held that at summary judgment Loomis failed to 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.