Kramer
Kramer v. From the Heart Productions, Inc.
Opinion
lead Opinion
MEMORANDUM *
The district court did not abuse its discretion in concluding that the Kramers are estopped from asserting any copyright related claim against Thomas and Legler. See Granite State Ins. Co. v. Smart Modular Tech., Inc., 76 F.3d 1023, 1029-30 (9th Cir.1996). The record establishes the following: First, the Kramers knew Thomas and Legler were going to do the acts the Kramers later claimed were infringing. Specifically, the Kramers and War *557 ner/Chappell encouraged Thomas and Legler to make the film, knew that Thomas and Legler planned to distribute the film, and promised to negotiate a permanent synchronization license for all 15 compositions used in the film. In sum, the Kramers knew the facts and intended their conduct to be acted on with respect to the use of all 15 compositions that are the subject of their claims. Second, Thomas and Legler spent years investing time and money into making the film, and were ignorant of the fact that Warner/Chappell had agreed with the Kramers not to issue a permanent synchronization license to Thomas and Legler. Third, Thomas and Legler justifiably relied on the Kramers’ representations to their detriment, in that they were never…