Fifth Circuit Upholds Dismissal of Copyright Suit Against Renowned Music Artists

Phelps defended the dismissal of copyright infringement claims against a best-selling rock band, along with a music publisher and distributor, in a significant federal appellate win. Phelps showed that the fact that the band’s songs were available on the internet to persons in Louisiana did not establish the state’s jurisdiction over the case.

The dispute began in federal district court. It centered on another recording artist’s claims that the band used key elements of his songs in their 2020 single. He claimed he shared a demo of the songs at issue with someone connected to the band. Combining this with the band’s release of the single online, the plaintiff argued the state was a proper venue for the suit. As counsel in the case, Phelps argued that since neither the artists nor their record companies are Louisiana-based and the artist did not demonstrate any other ties to the state, Louisiana did not have jurisdiction.

The district court agreed and dismissed the claims. The artist appealed. A three-judge panel of the United States Fifth Circuit Court of Appeals then unanimously sided with the band, finding there was no direct link between the forum and the claims. It noted that making music available on the internet, accessible in all 50 states, was not enough to establish the connection to Louisiana needed to pursue the suit.

The Fifth Circuit also found that the artist failed to provide new evidence, legal errors or changes in the law that would justify transferring the case to another venue instead of dismissing it.

Phelps lawyers Ashley Heilprin, Mary Ellen Roy and Dan Zimmerman secured the dismissal in a high-profile case involving international parties and complex jurisdictional issues.