Michael SKIDMORE, AS TRUSTEE FOR the RANDY CRAIG WOLFE TRUST, Plaintiff-Appellant,
v.
Led ZEPPELIN; James Patrick Page; Robert Anthony Plant; John Paul Jones; Super Hype Publishing, Inc.; Warner Music Group Corporation; Warner/Chappell Music, Inc.; Atlantic Recording Corporation; Rhino Entertainment Company, Defendants-Appellees.
Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust, Plaintiff-Appellee,
v.
Warner/Chappell Music, Inc., Defendant-Appellant, and
Led Zeppelin; James Patrick Page; Robert Anthony Plant; John Paul Jones; Super Hype Publishing, Inc.; Warner Music Group Corporation, Atlantic Recording Corporation; Rhino Entertainment Company, Defendants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc September 23, 2019 San Francisco, California.
Filed March 9, 2020.
Attorney(s) appearing for the Case
Francis Malofiy (argued) and Alfred Joseph Fluehr, Francis Alexander LLC, Media, Pennsylvania, for Plaintiff-Appellant.
Peter J. Anderson (argued), Law Offices of Peter J. Anderson, Los Angeles, California; Helene M. Freeman, Phillips Nizer LLP, New York, New York; for Defendants-Appellees.
Edwin F. McPherson and Tracy B. Rane, McPherson Rane LLP, Los Angeles, California, for Amici Curiae 123 Songwriters, Composers, Musicians, and Producers; Nashville Songwriters Association International (NSAI); and Songwriters of North America (SONA).
Eugene Volokh, Mayer Brown LLP, Los Angeles, California; Danielle M. Aguirre and Erich C. Carey, National Music Publishers' Association, Washington, D.C.; for Amici Curiae Recording Industry Association of America and National Music Publishers Association.
Sean M. O'Connor, Center for the Protection of IP, Arlington, Virginia; Lateef Mtima and Steven D. Jamar, Institute for Intellectual Property and Social Justice, Inc.
Professor Mark A. Lemley, Stanford Law School, Center for Internet & Society, Stanford, California, for Amici Curiae 19 Intellectual Property Professors.
Kenneth D. Freundlich, Freundlich Law, Encino, California, for Amici Curiae Musicologists.
Joseph H. Hunt, Assistant Attorney General; Nicola T. Hanna, United States Attorney; Scott R. McIntosh and Daniel Tenny, Appellate Staff; Civil Division, United States Department of Justice, Washington, D.C.; Regan A. Smith, General Counsel and Associate Register of Copyrights; Jason E. Sloan, Assistant General Counsel; Jalyce E. Mangum, Attorney-Advisor; United States Copyright Office, Washington, D.C.; for Amicus Curiae United States.
W. Michael Hensley, AlvaradoSmith, Santa Ana, California, for Amicus Curiae The Pullman Group LLC and Structured Asset Sales LLC.
Concurrence by Judge Watford; Partial Concurrence and Partial Dissent by Judge Ikuta
OPINION
McKEOWN, Circuit Judge, with whom THOMAS, Chief Judge, FLETCHER, RAWLINSON, MURGUIA, NGUYEN, Circuit Judges, join in full, and with whom WATFORD, Circuit Judge, joins except as to Part IV.C, and with whom HURWITZ, Circuit Judge, joins except as to Parts IV.C.3 and IV.C.4, and with whom BADE, Circuit Judge, joins except as to Part IV.C.3:
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