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
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.