Follow Us

Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Copyrights Entertainment and Sports Law Litigation

Fifth Circuit’s Decision in Sampling Case Considers Automatic Liability Controversy

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste. Batiste v. Lewis, 19-30400 (5th Cir. 2020). The decision is notable for the Fifth Circuit’s use of the “widespread dissemination” and “chain of events” tests to determine whether the defendants had access to Batiste’s works, neither which approach it said it had previously expressly adopted. In the opinion, the 5th Circuit also weighed in on the controversial Sixth Circuit opinion in Bridgeport Music Inc. v. Dimension Films, 383 F.3d 390 (6th Cir. 2004), which held that any sampling — even if digitally altered — from a pre-existing sound recording is automatic copyright infringement.

This premium content is locked for Entertainment Law & Finance subscribers only

Continue reading by getting
started with a subscription.

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

SUBSCRIBE NOW

Subscribe Now For Unlimited Access

Read These Next