The 9th U.S. Circuit Court of Appeals in Pasadena has sided with British pop singer Jessie J by rejecting a California songwriter’s claim that she stole the melody from one of his songs for the 2011 hit “Domino.”
In its decision, the court said Will Loomis did not show that Jessie J had access to his 2008 song “Bright Red Chords,” and that his copyright was infringed, a Reuters report said on Friday.
Vivendi SA’s Universal Music Group and various affiliates were also defendants.
In his claim, Loomis said he had furnished a copy of his song, recorded in 2009 with his band Loomis and the Lust, to a record executive assigned to “find” and “share” music, and that through her it could have found its way to the “Domino” writers.
Loomis also said Dr. Luke and Max Martin could have accessed his song in 2010 while helping Katy Perry record her “Teenage Dream” album, either from the local music scene or from a former Loomis and the Lust guitarist who had joined Perry’s band.
Writing for the Pasadena appeals court, however, Circuit Judge Richard Clifton said the “bare corporate receipt” of Loomis’ song was not enough to let the case go to trial, Reuters reported.
“At bottom, the record consists primarily of Loomis’s speculations of access unsupported by personal knowledge,” Clifton wrote. “The other evidence did not fill the breach.”
Reuters quotes Michael Gross, a St. Louis-based lawyer for Loomis, as saying he expects his client will seek a rehearing.
Christine Lepera, a lawyer for the defendants, told Reuters they are pleased with the decision, which upheld a November 2013 lower court ruling.
