Toliver

MEMORANDUM *

Summary judgment is appropriate on a copyright infringement claim under the “extrinsic test” if no reasonable jury could find substantial similarity of protectable expression. Kouf v. Walt Disney Pictures & Television, 16 F.3d 1042, 1045 (9th Cir.1994). In this case, the two works bear similar titles and are narrated by a woman. The lyrics, however, are dissimilar. Independent Lady has as its story a central “incident” — a last straw convincing a woman to assert her emotional independence. By contrast, Independent Women (Part I) says nothing about a committed relationship; instead the lyrics of Independent Women (Part I) depict an encounter-based connection between the narrator and both a particular man and men in general.

The themes of the two works are also quite different. The theme of Independent Lady is of a woman striving for emotional independence from a relationship with a significant history. This is not substantially similar to the theme of Independent Women (Part I), which is of a financially independent woman encouraging other women to support themselves so that they will not be financially dependent on a man or men.

In sum, the lyrics are dissimilar in…