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POP/ROCK - Oct. 21, 1987

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<i> Arts and entertainment reports from The Times, national and international news services and the nation's press</i>

The 9th U.S. Court of Appeals has ruled that songwriter Lloyd Chiate has sufficient grounds to pursue a copyright infringement case against Stevie Wonder over the hit song “I Just Called to Say I Love You.” The appeals court on Monday ordered a full hearing to examine Chiate’s claim that Wonder’s hit single duplicates Chiate’s own copyrighted composition. A U.S. District Court judge earlier threw out Chiate’s claim when the court found that Wonder had obtained a license to record the song from Chiate’s co-writer, Lee Garrett. The district court ruled that a valid, non-exclusive license from a song co-owner is a complete defense to a copyright infringement claim, but the appeals court overturned the dismissal because Chiate alleges that he still owns the copyright.

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