Ory

MEMORANDUM *

Babette Ory appeals the district court’s order granting the defendant, Country Joe McDonald, summary judgment on Ory’s claim of copyright infringement and awarding McDonald his attorneys’ fees. We affirm.

I

McDonald moved for summary judgment arguing that Ory’s claim — that McDonald’s song Fixin’ to Die a Rag CFixin” ’) infringed on Ory’s copyright to the song Muskrat Ramble — was precluded by the doctrine of laches. To prove laches, *583 the defendant must prove that there was a delay in bringing the action, that the delay was unreasonable, and that the alleged infringer was prejudiced by that delay. Danjaq LLC v. Sony Corp., 263 F.3d 942, 951 (9th Cir.2001). We review the district court’s award of summary judgment on the issue of laches de novo. Soules v. Kauaians for Nukolii Campaign Committee, 849 F.2d 1176, 1180 (9th Cir.1988).

Here, all three elements of the laches defense are properly met. First, Ory’s failure to bring suit until thirty years after the discovery of McDonald’s alleged infringement constitutes the delay for the purposes of laches. 1 See, e.g., Danjaq, 263 F.3d at 952 (failure to bring claim for infringement for nineteen years constituted…