Opinions of the United
2004 Decisions States Court of Appeals
for the Third Circuit
6-2-2004
Cottrill v. Spears
Precedential or Non-Precedential: Non-Precedential
Docket No. 03-2717
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Recommended Citation
"Cottrill v. Spears" (2004). 2004 Decisions. Paper 630.
http://digitalcommons.law.villanova.edu/thirdcircuit_2004/630
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UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 03-2717
MICHAEL COTTRILL;
LAWRENCE E. WNUKOWSKI,
Appellants
v.
BRITNEY SPEARS;
ZOMBA RECORDING CORPORATION,
ZOMBA ENTERPRISES, INC.,
ZOMBA SONGS, INC.;
JIVE RECORDS;
WRIGHT ENTERTAINMENT GROUP;
BMG MUSIC PUBLISHING, INC.
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil No. 02-cv-03646)
District Judge: Honorable Berle M. Schiller
Before: BARRY, SMITH and GREENBERG, Circuit Judges.
ORDER
Appellant’s petition for panel rehearing asserted that there was an error in footnote
2 of the not precedential opinion entered on January 30, 2004. After consideration of
appellant’s petition and the record, it is hereby
ORDERED that the January 30, 2004 Not Precedential Opinion is AMENDED.
The text of footnote 2 on page 3 of the January 30, 2004 Not Precedential Opinion shall
be stricken and replaced with the following language:
Plaintiffs suggest in their brief that Kahn heard an earlier version of What
You See when Cottrill played it on the piano prior to the lyrics being
recorded. However, as the District Court explained, Cottrill testified in his
deposition that the early versions have “nothing to technically do with” the
copyrighted version at issue here. We agree with the District Court’s
statement that “Plaintiff Contrill admitted at his deposition that [the earlier]
version was not the same as the song at issue in this action.” We, therefore,
do not address the possibility of access to an earlier instrumental version.
By the Court:
/s/ D. Brooks Smith
Circuit Judge
Dated: 2 June 2004