Pringle
Pringle v. Adams
Opinion
Lead Opinion
*587 MEMORANDUM **
Bryan Pringle (“Plaintiff’) appeals the district court’s decision granting summary judgment to Defendants and its order of sanctions against Plaintiff under 28 U.S.C. § 1927 . Defendants cross-appeal the district court’s refusal to impose sanctions on Plaintiff and his counsel. We have jurisdiction under 28 U.S.C. § 1291 .
Plaintiff brought this complaint alleging that Defendants violated the copyright of his song “Take a Dive” and its derivative. “Take a Dive” was properly registered for copyright in 1998. The evidence in support of Plaintiff, however, raises only the barest possibility that Defendants had access to “Take a Dive,” and Plaintiff does not argue that there is a “striking similarity” between “Take a Dive” and Defendants’ allegedly infringing work. See Art Attacks Ink, LLC v. MGA Entm’t, Inc., 581 F.3d 1138, 1143-45 (9th Cir.2009) (holding that where there is no more than a bare possibility of access, summary judgment is appropriate); Three Boys Music Corp. v. Bolton, 212 F.3d 477, 485 (9th Cir.2000) (noting that if there is no evidence of access, infringement may be found only if the songs are “strikingly similar”). Further, Plaintiffs attempt to…