A United States District Court has dismissed a copyright infringement case filed by a North Carolina Songwriter, Timothy Arnett, against legendary country star, Alan Jackson.
Arnett filed the case on October 27, 2016 alleging that Jackson’s song “Remember When” infringed his song “Remember Me.”
According to him, “Remember When” infringes the copyright of “Remember Me” and is a derivative work that is strikingly similar, a conclusion strengthened by the “mimicry of the title and theme of Remember Me.”
The court found no evidence to his claims and therefore dismissed the claim, ruling that Arnett’s allegations of striking similarity are speculative and do not nudge his claims into the realm of plausibly.
“To prove access, the plaintiff must show that the defendant had an opportunity to view or copy the work,” and “a mere possibility that such an opportunity could have arisen will not suffice. Rather, it must be reasonably possible that the paths of the infringer and the infringed work crossed paths,” said the judge.
The Judge in addition stated that Arnett did not establish the existence of a close connection as required by the Fourth Circuit but rather put forward hypothetical scenarios.
A copy of the Court’s judgement is available here