9th Circ. Upholds Roscoe's Loss In ASCAP Copyright Spat

Law360, New York (January 12, 2012, 10:04 PM EST) -- The Ninth Circuit on Thursday upheld a ruling that the owner of the Roscoe's House of Chicken 'n Waffles chain had infringed copyrights on eight of Sony/ATV Harmony's songs, finding that the restaurants had failed to obtain licenses for live performances.

In an unpublished, unanimous opinion, the Ninth Circuit panel dismissed the defendants' argument that live performances were not substantially similar to the copyrighted works, arguing that "substantial similarity" is not an element in a claim of copyright infringement.

"A showing of 'substantial similarity' is irrelevant...
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