​Complaining Work

​Defending Work

Timothy Arnett

"Remember Me"

Audio Recording

Alan Jackson

"Remember When"

Audio Recording

 

Comments by Charles Cronin

This dispute reflects a troublesome trend in which claims for copyright infringement of musical works are based on nothing more than a common word or shared musical genre. It is difficult to believe that attorneys for plaintiffs in cases like this one -- even working on a contingency fee basis -- are so unfamiliar with basic copyright principles that they could pursue them in good faith. One might argue that specious claims based on nothing more than insignificant commonalities of non-protectable expression abuse not only the targeted defendants, but also our tax-funded federal courts. 

The only commonalities between the works in the instant case are the word "remember" (used in entirely different contexts) and a country ballad genre. Perhaps the absence of musical or verbal similarities of any significance prompted the plaintiff to lard his complaint with legal irrelevancies about his personal life and -- this is priceless: "based on his own recognition of the importance of the work" and "even though the anthrax scare made copyright filings ... difficult" he somehow succeeded in obtaining a registration!

      

***

Amended Complaint: PDF

Defendants' Motion to Dismiss: PDF