Freda Day v. Oprah Winfrey, No. 21-1627 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-1627 FREDA J. DAY, Plaintiff - Appellant, v. OPRAH WINFREY, an individual; HARPO PRODUCTIONS, an Illinois Corp.; OWN: OPRAH WINFREY NETWORK, LLC, a Delaware Corporation; LIONSGATE ENTERTAINMENT CORPORATION, a Canadian Corporation; CRAIG WRIGHT, an individual, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:19-cv-00277-MOC-DCK) Submitted: June 7, 2022 Decided: June 23, 2022 Before MOTZ, WYNN, and HEYTENS, Circuit Judges. Affirmed by unpublished per curiam opinion. Freda J. Day, Appellant Pro Se. Sloan Lyndon Eatmon Carpenter, Christopher Thomas, PARKER POE ADAMS & BERNSTEIN LLP, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Freda J. Day appeals the district court’s order granting summary judgment to Defendants on Day’s copyright infringement action. Upon de novo review of the record, CTB, Inc. v. Hog Slat, Inc., 954 F.3d 647, 658 (4th Cir. 2020), we agree with the district court’s conclusion that Day failed to raise a genuine issue of fact as to whether Defendants had access to Day’s copyrighted work, see Humphreys & Partners Architects, L.P. v. Lessard Design, Inc., 790 F.3d 532, 537 (4th Cir. 2015) (explaining that circumstantial claim of copyright infringement requires, among other things, proof of defendant’s access to plaintiff’s work). Accordingly, we affirm the district court’s judgment on that basis. Day v. Winfrey, No. 3:19-cv-00277-MOC-DCK (W.D.N.C. May 12, 2021). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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