## Facts

- Leslie T. Baxter composed “Joy” as part of a seven-piece suite, recorded and released in the mid-1950s.
- Baxter owned the copyright in “Joy,” which was registered in 1954 and renewed in 1982.
- John T. Williams had substantial prior exposure to Baxter’s work, including performing as a pianist in sessions with Baxter and in a public performance of “Joy” in the 1960s.
- In 1982, Williams composed the “Theme from E.T.: The Extra-Terrestrial,” which was used in the film and related recordings and merchandising.
- Baxter sued for copyright infringement in 1983, demanded a jury trial, and alleged the E.T. theme was largely copied from “Joy.”
- For summary-judgment purposes, defendants conceded (1) Baxter’s valid copyright, (2) Williams’s access, and (3) substantial similarity of the works’ general ideas; the dispute focused on substantial similarity of protectable expression.

## Issues

1. Whether the district court properly granted summary judgment by holding, as a matter of law, that “Joy” and the E.T. theme lacked substantial similarity of protectable expression.
2. Whether, given conceded access and competing evidence on musical similarities, a reasonable jury could find substantial similarity under the Ninth Circuit’s substantial-similarity framework.

## Decision

- The Ninth Circuit reversed the summary judgment for defendants and remanded for trial.
- The court held that reasonable minds could differ on substantial similarity of protectable expression, making summary judgment improper.
- The court rejected framing the claim as limited to a short “six-note” fragment where the plaintiff alleged broader copying supported by the record.

## Legal Principles

- Copyright infringement requires copying of protectable expression, not merely similarity of general ideas.
- The Ninth Circuit applies a two-part substantial similarity analysis:
  - Extrinsic test: objective comparison of specific expressive elements (often informed by expert analysis).
  - Intrinsic test: subjective comparison of the works’ overall impression from the standpoint of an ordinary reasonable observer/listener.
- Summary judgment is appropriate only when no reasonable juror could find substantial similarity under the intrinsic test; when reasonable minds could differ, the issue is for the trier of fact.
- In music cases, courts should not artificially narrow the infringement inquiry to isolated short motifs when the claim and evidence concern broader expressive similarities.

## Conclusion

The Ninth Circuit held that the record presented a genuine factual dispute over substantial similarity of protectable musical expression, so the infringement claim could not be resolved as a matter of law and had to be tried to a factfinder.


Baxter v. MCA, Inc., 812 F.2d 421 (9th Cir. 1987)