Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Circuits Split over Whether Recording Sample Is Infringement or Is De Minimis OK
In June 2016, in VMG Salsoul v. Ciccone, 13-57104, the U.S. Court of Appeals for the Ninth Circuit held that a 0.23 second sample from a sound recording of three horns simultaneously playing the notes of a chord wasn't copyright infringement. In a 2005 decision, Bridgeport Music v. Dimension Films, 383 F.3d 390 (6th Cir. 2004), amended on rehearing, 410 F.3d 792 (6th Cir. 2005), the U.S. Court of Appeals for the Sixth Circuit held that the sampling of any sound from a sound recording, no matter how brief, trivial or minimal, infringed the copyright in the sound recording. In the ensuing decade since Bridgeport Music, although commentators and a number of district courts outside the Sixth Circuit criticized the decision, its holding had not been considered by any other circuit ' until Salsoul.
In Salsoul, the Ninth Circuit rejected Bridgeport Music's reasoning, thereby creating what it characterized as a regrettable but necessary circuit split, leaving record producers and artists in limbo between strict liability for any sampling if a claim is brought in Nashville, which is in the Sixth Circuit, but subject to a “substantial taking” standard for a sampling claim made in Los Angeles, which is in the Ninth Circuit.
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
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.