Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Decision of Note: <B>Song Sampling is Found <i>De Minimis</i></B>
The U.S. Court of Appeals for the Ninth Circuit decided that placing a sampling loop of a six-second, three-note segment from a musical composition into a new sound recording wasn't copyright infringement because the use was de minimis. Newton v. Diamond, 02-55983.
In the case, the Beastie Boys had obtained a license to use a sample of the sound recording of flutist James Newton's “Choir” in the rap group's “Pass the Mic.” (Newton had granted his record label, ECM Records, rights in the sound recording. See the grant of rights from Newton to ECM and the license from ECM to the Beastie Boys.) When Newton filed an infringement suit over the composition, which he owned, the district court granted summary judgment to the defendants on the ground that the C-D flat-C sequence ' played with a background C note ' from “Choir” wasn't original enough to be copyrightable. The lower court also ruled that even if the sequence was copyrightability, the Beastie Boys' use was de minimis.
Affirming, the appeals court focused only on the de minimis issue (which assumes the song segment is original enough for copyright protection). “To say that a use is de minimis because no audience would recognize the appropriation is thus to say that the works are not substantially similar,” the appeals court noted.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?