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Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Itar-Tass Russian News Agency v. Russian Kurier, Inc., 153 F.3d 82, was a copyright case about the Russian language weekly Russian Kurier in New York City that had copied and published various materials from Russian newspapers and news agency reports of Itar-TASS. The case was ultimately decided by the United States Court of Appeals for the Second Circuit. The decision was widely commented upon and the case is considered a landmark case because the court defined rules applicable in the U.S. on the extent to which the copyright laws of the country of origin or those of the U.S. apply in international disputes over copyright. The court held that to determine whether a claimant actually held the copyright on a work, the laws of the country of origin usually applied, but that to decide whether a copyright infringement had occurred and for possible remedies, the laws of the country where the infringement was claimed applied.
Grand Upright Music, Ltd v. Warner Bros. Records Inc., 780 F. Supp. 182, was a copyright case heard by the United States District Court for the Southern District of New York. Songwriter Gilbert O'Sullivan sued rapper Biz Markie after Markie sampled O'Sullivan's song "Alone Again (Naturally)". The court ruled that sampling without permission constitutes copyright infringement. The judgment changed the hip hop music industry, requiring that any future music sampling be approved by the original copyright owners.
ABKCO Music & Records, Inc. is a major American independent record label, music publisher, and film and video production company. It owns and/or administers the rights to music by Sam Cooke, the Rolling Stones, the Animals, Herman's Hermits, Marianne Faithfull, Dishwalla, the Kinks as well as the Cameo Parkway label, which includes recordings by such artists as Chubby Checker, Bobby Rydell, the Orlons, the Dovells, Question Mark & the Mysterians, the Tymes and Dee Dee Sharp. Until 2009, ABKCO administered Philles Records and its master recordings, including hits by the Righteous Brothers, the Ronettes, the Crystals and others.
"Atomic Dog" is a song by George Clinton from his 1982 album Computer Games. The track was released as a single in December 1982 and became the P-Funk collective's last to reach #1 on the U.S. R&B Chart. The single failed to chart on the Billboard Hot 100 although it has attained a level of stature since then, partly due to its having been sampled in several hip hop songs.
BMG Music v. Gonzalez, 430 F.3d 888, was a civil case in which the United States Court of Appeals for the Seventh Circuit upheld a lower court's summary judgment that the defendant had committed copyright infringement. The decision is noteworthy for rejecting the defendant's fair use defense, which had rested upon the defendant's contention that she was merely "sampling" songs with the intention of possibly purchasing the downloaded songs in the future, which is known as "Try before you buy".
Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792, is a court case that has proved important in defining American copyright law for recorded music. The case centered on N.W.A.’s song "100 Miles and Runnin'" and Funkadelic's "Get Off Your Ass and Jam". Essentially, N.W.A. sampled a two-second guitar chord from Funkadelic's tune, lowered the pitch and looped it five times in their song. This was all done without Funkadelic's permission and with no compensation paid to Bridgeport Music, which claims to own the rights to Funkadelic's music.
Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. The organizations particularly target the distribution of files via the Internet using peer-to-peer software. Efforts by trade groups to curb such infringement have been unsuccessful with chronic, widespread and rampant infringement continuing largely unabated.
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death. In the United States, any work published before January 1, 1925, is generally considered public domain.
Music plagiarism is the use or close imitation of another author's music while representing it as one's own original work. Plagiarism in music now occurs in two contexts—with a musical idea or sampling. For a legal history of the latter see sampling.
"Get Off Your Ass and Jam" is a song by Funkadelic, track number 6 to their 1975 album Let's Take It to the Stage. It was written by George Clinton, although the lyrics are made up entirely of repetitions of the phrase, "Shit! Goddamn! Get off your ass and jam!", interspersed with lengthy guitar solos. Critic Ned Raggett reviewed the song as one that "kicks in with one bad-ass drum roll and then scorches the damn place down".
In the case of Sony BMG Music Entertainment et al. v. Tenenbaum, record label Sony BMG, along with Warner Bros. Records, Atlantic Records, Arista Records, and UMG Recordings, accused Joel Tenenbaum of illegally downloading and sharing files in violation of U.S. copyright law. It was only the second file-sharing case to go to verdict in the Recording Industry Association of America's (RIAA) anti-downloading litigation campaign. After the judge entered a finding of liability, a jury assessed damages of $675,000, which the judge reduced to $67,500 on constitutional grounds, rather than through remittitur.
A copyright troll is a party that enforces copyrights it owns for purposes of making money through litigation, in a manner considered unduly aggressive or opportunistic, generally without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, but instead makes money through the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works.
Righthaven LLC was a copyright enforcement company founded in early 2010. Based in Las Vegas, Nevada; it entered agreements from its partner newspapers after finding that their content had been copied to online sites without permission, in order to engage in litigation against the site owners for copyright infringement. The lawsuits were much criticized by commentators, who describe the activity as copyright trolling and the company as a "lawsuit factory". Righthaven LLC's CEO, Steven Gibson, who is currently a partner at Las Vegas law firm Gibson & True LLP, regularly spoke to the media about Righthaven.
Arista Records LLC v. Lime Group LLC, 715 F. Supp. 2d 481, is a United States district court case in which the Southern District of New York held that Lime Group LLC, the defendant, induced copyright infringement with its peer-to-peer file sharing software, LimeWire. The court issued a permanent injunction to shut it down. The lawsuit is a part of a larger campaign against piracy by the Recording Industry Association of America (RIAA).
Sony BMG Music Entertainment v. Tenenbaum is the appeals lawsuit which followed the U.S. District Court case Sony BMG v. Tenenbaum, No. 07cv11446-NG.
Rightscorp, Inc. is a Los Angeles-based copyright enforcement company which locates alleged copyright violators and collects money from legal damages and out of court settlements on behalf of the copyright holder. Rightscorp manages copyrights of videos, music, and video games.
Hard Drive Productions, Inc. v. Does 1–1,495, Civil Action No. 11-1741 (JDB/JMF), was a United States District Court for the District of Columbia case in which the court held that anonymous users of the peer-to-peer file sharing service BitTorrent could not remain anonymous after charges of copyright infringement were brought against them. The court ultimately dismissed the case, but the identities of defendants were publicly exposed.
Warner/Chappell Music Inc. et al. v. Fullscreen Inc. et al. (13-cv-05472) was a case against multi-channel network Fullscreen, filed by the National Music Publishers Association on behalf of Warner/Chappell Music and 15 other music publishers, which alleged that Fullscreen illegally reaped the profits of unlicensed cover videos on YouTube without paying any royalties to the rightful publishers and songwriters.
VMG Salsoul v Ciccone 824 F.3d 871 is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna, for sampling the horns from an early 1980s song Ooh I Love It by the Salsoul Orchestra in her international hit song Vogue. Such sampling was done without a license, or compensation to VMG Salsoul, LLC who was the copyright holder of Love Break and therefore moved the court claiming infringement and damages. The Ninth Circuit was to rule upon a contentious issue in the music industry at large, i.e. whether the de minimis defense is applicable against a claim of copyright infringement in the case of sound recording, with special regard to the practice of sampling.
References
- ↑ "Corporate Entity Details". Dleg.state.mi.us. 1969-01-21. Archived from the original on 2014-12-14. Retrieved 2013-08-25.
- ↑ Wu, Tim. "Jay-Z Versus the Sample Troll". Slate. Retrieved 25 January 2016.
- ↑ Gallagher, Ryan (2013-08-21). "The shady one-man corporation that's destroying hip-hop. - Slate Magazine". Slate.com. Retrieved 2013-08-25.
- ↑ "BRIDGEPORT MUSIC INC v. STILL THE WATER PUBLISHING, Nos. 02-5165 through 02-5175, 02-5227 through 02-5234., May 05, 2003 - US 6th Circuit | FindLaw". Caselaw.findlaw.com. Retrieved 2013-08-25.
- ↑ "Bridgeport Music, Inc. v. 11C Music". Casebriefs. Retrieved 2013-08-25.
- ↑ "George Clinton Explains How Bridgeport Allegedly Faked Documents To Get His Music Rights". Techdirt. 2011-06-17. Retrieved 2013-08-25.
