Stone v. Perpetual Motion, LLC

MEMORANDUM *

In this copyright action, Plaintiff Lynne K. Stone appeals the district court’s grant of summary judgment in favor of Defendant Perpetual Motion, LLC. Reviewing de novo, we affirm.

In order to prevail on her claim of copyright infringement, Plaintiff must prove “(1) ownership of a valid copyright, and (2) copying of constituent elements of the *52 work that are original.” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361 , 111 S.Ct. 1282 , 113 L.Ed.2d 358 (1991).

On the first prong, it is undisputed that Plaintiff owns a valid copyright in the Adventures maps.

On the second prong, Plaintiff’s evidence fails to demonstrate direct copying of any entire map from Adventures. See Narell v. Freeman, 872 F.2d 907, 910 (9th Cir.1989) (“A finding that a defendant copied a plaintiff’s work, without application of a substantial similarity analysis, has been made only when the defendant has engaged in virtual duplication of a plaintiffs entire work.”). Therefore, Plaintiff must show (1) that Defendant had “ ‘access’ ” to her work; and (2) that the two works are “ ‘substantially similar.’ ” Three Boys Music Corp. v. Bolton, 212 F.3d 477, 481 (9th Cir.2000)…