Is the Supreme Court ready to make music history?
Does he have a shot? A slim one perhaps.
Skidmore believes he lost at trial because the jury didn't get to appreciate the true "Taurus." That's because the trial judge held that only what was deposited with the U.S. Copyright Office had the benefit of protection under the 1909 Copyright Act. The petitioner thinks this is wrong, and that the scope of copyright isn't defined by any deposited sheet music.
Skidmore's petition was handled by an attorney at Francis Alexander LLC, the same firm that represented the plaintiff at the trial court. A lawyer with more experience on Supreme Court matters may have chosen to emphasize circuit splits.
The bid for Supreme Court review eschews hot areas of appellate concern like administrative law and statutory interpretation in favor of a dire warning about how courts — including the "Hollywood Circuit" — are abandoning long-held copyright principles. The petition also presents its first question by listing each and every year between 1909 and 2015.
Stylistic quirks aside, there is a reason why the Ninth Circuit took two turns on this case and there's a reason why the U.S. Department of Justice. A thorny legal issue certainly lurks. The petition could draw amicus briefs from outside groups — musicians, intellectual property scholars and maybe even those interested in economic or racial justice.
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