Griffin et al v. Sheeran et al, No. 1:2017cv05221 - Document 138 (S.D.N.Y. 2020)

Court Description: ORDER with respect to 126 Motion in Limine: Following in limine rulings 1, 2 and 3 in the March 24, 2020 Opinion and Order, Dr. Stewart is bound by, and shall abide by numbers 1 and 2 of those rulings, with which he is to be madefamiliar before h e testifies. In addition, 4. Dr. Stewart shall express no opinion on whether any musical work, or any part of any musical work, is "protected" (by copyright or originality) or is substantially similar to theLet' s Get It On deposit copy. Those are legal conclusions outside his area of expertise. 5. For reasons particular to this case, Dr. Stewart shall not characterize Let's Get It On or a constituent element of it, such as a chord progression or harmonic rhythm, as bein g "unique," "distinctive," "unusual" or the like. That is because such opinions were not disclosed in his Report, his prior art research was not such as to support them, and there is uncontradicted proof that those eleme nts in this case are common musical techniques. 6. Dr. Stewart may testify to similarities in the vocal melodies, subject to cross-examination on deletions and alterations he made to produce or enhance them. So ordered. (Signed by Judge Louis L. Stanton on 8/18/2020) (ml)