Infringement Evidence Lacking as ‘You Raise Me Up’ Appeal Falls

Nov. 30, 2021, 4:34 PM

“You Raise Me Up,” popularized by Josh Groban, doesn’t infringe on Johannsongs-Publishing Ltd.’s copyright for its Icelandic composition, the Ninth Circuit ruled.

Johannsongs failed to provide enough evidence showing that the two songs are substantially similar, according to a nonprecedential opinion from the U.S. Court of Appeals for the Ninth Circuit. Johannsongs’ expert didn’t effectively filter out similarities between the songs that can be attributed to prior art, the circuit court said.

Johannsongs’ “Soknuour” and “You Raise Me Up” didn’t pass the circuit’s two-part test for substantial similarity, which involves assessing the expression and total concept and feel of the ...

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