Bit Parts

The Supreme Court of Georgia ruled that the state's anti-piracy law, OCGA Sec. 16-8-60(b), is constitutional. Briggs v. The State, S06A1146. The statute prohibits sale or distribution 'unless such phonograph record, disc, wire, tape, videotape, film or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package.' Though 'transferor' isn't defined in Sec. 16-8-60(b), the court noted: 'We are confident that, as used in the statute, the term is clear and straightforward.' The State Supreme Court also ruled that federal copyright law didn't preempt the state statute, by noting: 'The statute in question, OCGA Sec. 16-8-60(b) criminalizes the sale, or the possession for purposes of sale, of recordings which do not carry a label identifying the 'transferor' of the sounds, regardless of their copyright status. The statute does not criminalize unauthorized copyrighted works.'

Copyright Infringement/Probative and Substantial Similarity

The U.S. Court of Appeals for the Second Circuit affirmed summary judgment for the defense in a copyright-infringement suit brought over the song 'Young N' by Fabolous that used the phrase 'holla back.' Boone v. Jackson, 05-5558. In its unpublished opinion, the appeals court criticized the district court by noting the lower court's 'opinion is at times unclear as to which similarity analysis ' probative [used first to establish actual copying] or substantial [used next] ' it was undertaking.' But the appeals court added: 'Nevertheless, the district court appears to base its decision on the permissible ground that the plaintiff's expert conceded the alleged similarities at issue are different and dissimilar, thereby weakening plaintiff's argument that defendant copied her work.'

Copyright Infringement/Substantial Similarity