Example Of "Public Performance" Complaint Against Radio Station

MPCA King Of Spades, et al. v. T.E.C. 2 Broadcasting, Inc. et al., Index No. 1:11-cv-0080-JPJ-PMS (W.D. Va. filed Oct. 24, 2011).

Plaintiffs are affiliates of SESAC, a performing rights society, and seek injunctive relief and damages for defendants' allegedly unauthorized public performances of plaintiffs' copyrighted musical compositions on defendants' owned and operated commercial radio station.

Black Eyed Peas "Boom" Not "Substantially Similar"

Batts, et al. v. Adams, et al., No. 10-cv-8123 (C.D. Cal. filed Oct. 21, 2011) [Doc. 251].

Plaintiffs allege that the Black Eyed Peas' Grammy-nominated song "Boom Boom Pow" infringed Plaintiffs' copyright in the song "Boom Dynamite." On defendants' motion for summary judgment, the court employed the "extrinsic test" to determine substantial similarity of the two songs. The Court held that the allegedly protectable elements in Plaintiffs' song (the hooks, and use of the phrase "I got that" followed by the repeated used of the word "boom") were not substantially similar to the elements of the Black Eyed Peas song. Also, the Court held that the non-protectable elements of Plaintiffs' song were not entitled to copyright protection. Accordingly, the Court concluded that as a matter of law the defendants were entitled to summary judgment.