Brian Clover v. Abel Tesfaye

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 8 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN CLOVER; SCOTT MCCULLOCH, No. 20-55861

Plaintiffs-Appellants, D.C. No. 2:19-cv-02507-PA-MRW v.

ABEL M. TESFAYE, PKA The Weeknd; et MEMORANDUM* al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Submitted October 6, 2021** Pasadena, California

Before: GRABER, CHRISTEN, and OWENS, Circuit Judges.

Brian Clover and Scott McCulloch (“Plaintiffs”) appeal from summary

judgment entered in favor of Abel Tesfaye, also known as “The Weeknd,” and his

collaborators (collectively, the “Defendants”), in this copyright infringement claim

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). alleging Defendants’ song A Lonely Night illicitly copied Plaintiffs’ song I…