Peter Anderson

Peter Anderson has worked as an IP litigator for 44 years and said the intellectual challenge it offers, combined with the opportunity to work in the world of movies and music, is what originally drew him and continues to keep him excited and engaged.

His work primarily focuses on high-stakes copyright litigation within the music industry. In recent years, he's likely most notable for his win on behalf of Led Zeppelin before an en banc 9th Circuit Court of Appeal in 2020.

"Courts here are applying the 'Stairway to Heaven' en banc decision, and building on it, to help identify what is and what is not protected by musical composition copyrights," Anderson said. "As a result, there is a trend to more clarity and predictability of outcomes in music copyright cases."

He continued: "With the guidelines of en banc "Stairway to Heaven" decision and its progeny, we're seeing a greater understanding of music copyright protection among judges and a greater willingness to grant summary judgment in unfounded cases alleging infringement. This is critical for promoting and protecting the growth of the art form."

Anderson's expertise was notably demonstrated in the "Dancing with a Stranger" case, where he successfully obtained summary judgment after convincing the plaintiff's counsel to agree to an initial expert phase. Sound and Color, LLC v. Samuel Smith et al., 2:22-cv-01508 (C.D. Cal., filed March 4, 2022).

The Sam Smith and Normani four-time platinum hit "Dancing With a Stranger" was the target of a lawsuit that, in September 2023, concluded with a decision that the song's hook "is not substantially similar" as a matter of law to the melodic phrase of plaintiff's song. This case is currently on appeal but stands as a significant application of the "Stairway to Heaven" case.

"A primary obstacle, present in most music copyright cases, is clarifying and presenting to a judge or jury technical musical elements and the differences between them," Anderson said. "We faced that challenge in the 'Dancing with a Stranger' case and were able to persuade the judge that the selection and arrangement of our clients' melodic phrase was not substantially similar to that of the plaintiff."

In another high-profile case involving Cardi B, Anderson stepped in shortly before trial and secured a unanimous jury verdict. The plaintiff had sought substantial damages for claims related to mixtape cover art, but Anderson's defense proved successful. Kevin Michael Brophy Jr. v. Belcalis Almanzar et al., 8:17-cv-01885 (C.D. Cal., Oct. 26, 2017).

"In the Cardi B case, we faced the challenge of substituting in on the eve of trial, after Cardi B's prior defense counsel withdrew for health seasons," Anderson said. "We had no experts designated and no ability to pursue discovery. So, it was very satisfying to come up with a swift and unanimous verdict."