Jorgensen v. Epic/Sony Records

Brief Fact Summary.

Jorgensen copyrighted the song “Long Lost Lover” (Lover) and sued Famous Music Corporation, Fox Film Music Corporation, Blue Rider Songs, and Sony Music Entertainment (Sony) for copyright infringement.

Synopsis of Rule of Law.

Summary judgment may not be granted to a defendant who fails to prove that the plaintiff is missing material evidence necessary to prove the plaintiff’s claim.

Facts.

Jorgensen copyrighted the song “Long Lost Lover” (Lover) and sued Famous Music Corporation, Fox Film Music Corporation, Blue Rider Songs, and Sony Music Entertainment (Sony) for copyright infringement. Jorgensen proved the defendant’s access to the song through his mass mailings of the song and proof that two executives actually received his tape. The district court granted summary judgment to all defendants.

Issue.

Whether summary judgment will be granted to a defendant who fails to prove that the plaintiff is missing material evidence necessary to prove the plaintiff’s claim?

Held.

No. Summary judgment should not have been granted to Sony because Jorgensen offered evidence that Leed shared the tape with other executives at Sony. Summary judgment to the rest of the defendants is affirmed.

Discussion.

Summary judgment may not be granted to a defendant who fails to prove that the plaintiff is missing material evidence necessary to prove the plaintiff’s claim. A plaintiff alleging copyright infringement must show that he holds a copyright and the record was impermissibly copied.