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Plaintiffs Ray Repp and K & R Music, Inc. ("K & R") appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Kram, J.) in favor of defendants in an action involving claims and counterclaims grounded in copyright infringement. The defendants are Andrew Lloyd Webber, a well-known British composer of musical works for stage production, Really Useful Group, plc, his copyright proprietor, and Really Useful Company, Incorporated, Polygram Records, Inc., MCA Records, Inc. ("MCA") and Hal Leonard Publishing Corporation, all said to be Lloyd Webber's licensees. The summary judgment dismissed the claim of Repp, an established American composer of popular liturgical music, and K & R, a publisher of religious and church music, that the "Phantom Song," composed by Lloyd Webber, copies the song, "Till You," composed by Repp. Also before us is a cross-appeal from a judgment in favor of Repp and K & R entered in the same action after a non-jury trial. This judgment dismissed the counterclaims of Lloyd Webber and his copyright proprietor alleging that "Till You" copies the song "Close Every Door" composed by Lloyd Webber.

For the reasons that follow, we reverse the summary judgment that is subject of the appeal, and we affirm the judgment entered after trial that is subject of the cross-appeal.


132 F.3d 882 (1997) Ray REPP & K & R Music, Inc., Plaintiffs-Counter-Defendants-Appellants-Cross Appellees, v. Andrew Lloyd WEBBER; Really Useful Group, plc, Defendants-Counter-Claimants-Appellees-Cross Appellants, Really Useful Company, Incorporated; MCA Records, Inc.; Hal Leonard Publishing Corporation; Polygram Records, Incorporated, Defendants-Appellees-Cross Appellants. Nos. 218, 509, Dockets 96-9691, 97-7050. United States Court of Appeals, Second Circuit.

Argued October 6, 1997. Decided December 30, 1997.

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