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Property Keyed to Sprankling
Selle v. Gibb
Citation:741 F.2d 896 (7th Cir. 1984).
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Ronald Selle (the plaintiff) wrote and obtained a copyright for the song “Let It End” in 1975. The plaintiff played the song with his small band 2 or 3 times and also sent a tape of the song to 11 recording and publishing companies. In May 1978, the plaintiff heard the Bee Gees’ (the defendants) song, “How Deep Is Your Love,” and thought he recognized the music as his own, although the lyrics differed. The defendants allege that they composed their song, “How Deep Is Your Love,” in January 1977 in Paris. Much of the defendants’ song-writing process was recorded on tape and provided to the court. At trial, the plaintiff had a music professor testify that the two songs had “such striking similarities that they could not have been written independent of one another.”
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.