Copeland v. Bieber, No. 14-1427 (4th Cir. 2015)Annotate this Case
Devin Copeland, a musician, filed suit under the Copyright Act of 1976, 17 U.S.C. 101 et seq., against Justin Bieber and Usher Raymond IV, alleging that three recorded songs by defendants, each titled "Somebody to Love," infringe upon Copeland's copyright over his own, earlier song of the same name. On appeal, Copeland challenged the dismissal of his claim. The district court concluded that no reasonable jury could find that Copeland's song and defendants' songs sufficiently similar to give rise to liability for infringement. At issue was whether the songs at issue, assessed from the perspective of the intended audience - here, the general public - and taking into account their “total concept and feel,” are sufficiently intrinsically similar to give rise to a valid infringement claim. After listening to the Copeland song and the Bieber and Usher songs as wholes, the court concluded that their choruses are similar enough and also significant enough that a reasonable jury could find the songs intrinsically similar. Further, the choruses of the Copeland song and the Bieber and Usher songs are sufficiently important to the songs’ overall effect that they may be the basis for a finding of intrinsic similarity. The court declined to reach Copeland’s other arguments. Accordingly, the court vacated and remanded for further proceedings.