Cusano

Vincent Cusano, individually and under certain professional and business names, brought this diversity action against persons and companies associated with the famous rock’n’roll band KISS, alleging various claims for unpaid royalties, defamation, and infringement of his right of publicity. Cusano appeals the district court’s grant of summary judgment in favor of Defendants. In his companion appeal, No. 00-55536, which we consolidate fer purposes of decision, Cusano challenges the district court’s award of attorney’s fees and costs. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2106, and we affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff Vincent Cusano, professionally known as Vinnie Vincent, is a professional musician, songwriter and publisher, and former lead guitarist of the rock’n’roll band KISS. Cusano, individually and under his business names Streetbeat Music and Vinnie Vincent Music, brought this diversity action in July 1997 against persons and companies associated with KISS. Cusano alleged fourteen causes of action, including claims for unpaid royalties from songs, Cu-sano co-authored and performed for the band, and…