Bolton

In 1994, a jury found that Michael Bolton’s 1991 pop hit, “Love Is a Wonderful Thing,” infringed on the copyright of a 1964 Isley Brothers’ song of the same name. The district court denied Bolton’s motion for a new trial and affirmed the jury’s award of $5.4 million.

Bolton, his co-author, Andrew Gold-mark, and their record companies (“Sony Music”) appeal, arguing that the district court erred in finding that: (1) sufficient evidence supported the jury’s finding that the appellants had access to the Isley Brothers’ song; (2) sufficient evidence supported the jury’s finding that the songs were substantially similar; (3) subject matter jurisdiction existed based on the Isley Brothers registering a complete copy of the song; (4) sufficient evidence supported the jury’s attribution of profits to the infringing elements of the song; (5) Sony Music could not deduct its tax liability; and (6) the appellants’ motion for a new trial based on newly discovered evidence was unwarranted.

We affirm.

I. BACKGROUND

The Isley Brothers, one of this country’s most well-known rhythm and blues groups, have been inducted into the Rock and Roll Hall of Fame. They helped define the soul sound of the…