In plaintiff's copyright-infringement case against defendant for infringement of its copyright on George Clinton's song, based on the use of the phrase "Bow wow wow, yippie yo, yippie yea", district court's finding that defendant willfully infringed plaintiff's rights in the song and an award of statutory damages of $88,980 are affirmed where: 1) the jury instructions were not erroneous as a matter of law; and 2) the district court did not abuse its discretion in declining to give the instructions requested by the defendant.
Argued: April 23, 2009
Decided and Filed: November 4, 2009
Opinion by Circuit Judge Daughtrey
For Appellant: Jeffrey D. Goldman, Mitchell, Silberberg & Knupp, LLP, Los Angeles, California.
For Appellee: Richard S. Busch, King & Ballow, Nashville, Tennessee.