Winn

MEMORANDUM *

At issue in this case are competing claims of ownership of a song entitled “The Heart You Break May Be Your Own,” recorded by Patsy Cline in 1956 and first released in 1963. Appellants brought this action against Appellees, alleging, inter alia, copyright infringement. The district court granted summary judgment to Ap-pellees on the grounds that (1) Appellants had presented no evidence calling into question Appellees’ claim that their associates had written the song earlier than Appellants claimed they had written it, and (2) the doctrine of laches barred Appel *729 lants’ claim. Appellants appealed, and Ap-pellees cross-appealed for an award of costs, including attorney’s fees.

We hold that the district court erred in granting the motion for summary judgment, because genuine issues of material fact exist on the question of copyright infringement. There therefore also remains a genuine issue of material fact regarding laches, at least as to the question of the applicability of the “willful infringement” exception. Accordingly, we reverse and remand. Finally, we hold that Appel-lees’ claim for attorney’s fees is moot.

I

In order to establish copyright infringement,…