Sound and Color, LLC v. Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 29 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SOUND AND COLOR, LLC, No. 23-2680 D.C. No. Plaintiff - Appellant, 2:22-cv-01508-WLH-AS v.

MEMORANDUM*

SAMUEL SMITH, et al., Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Wesley L. Hsu, District Judge, Presiding

Argued and Submitted March 25, 2025 Pasadena, California

Before: BOGGS,** FRIEDLAND, and BRESS, Circuit Judges.

Sound and Color, LLC, appeals the district court’s grant of summary

judgment to Defendants on its copyright-infringement claim. Pursuant to the

parties’ stipulation, the only issue presented for summary judgment was whether

the “hook” in Sound and Color’s song is substantially similar to the hook in

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Danny J. Boggs, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. Defendants’ song…