Jorgensen v. Epic/Sony Records
United States Court of Appeals for the Second Circuit
351 F.3d 46 (2d Cir. 2003)
Jorgensen (plaintiff), acting pro se, copyrighted his song "Long Lost Lover" and mailed unsolicited copies to entertainment companies before claiming that both "My Heart Will Go On" and "Amazed" infringed his copyright. He sued the songs' publishers and distributors (defendants), relying on his mass mailings and evidence that two executives — one at BMG, one at Sony — had actually received his tape, though each denied sharing it with the songwriters or ever listening to it themselves (though the Sony executive's assistants reportedly told Jorgensen the tape had been forwarded elsewhere at Sony, evidence the district court didn't consider). The district court found no proof beyond BMG and Sony's bare corporate receipt of the tape, concluded that receipt alone didn't show the actual songwriters had a reasonable opportunity to hear and copy it, and granted summary judgment to all defendants; Jorgensen appealed.
Whether summary judgment may be granted to a defendant who has failed to demonstrate the absence of material evidence supporting an essential element of the plaintiff's claim.