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Topic: Grand Upright Music Ltd v Warner Bros Records

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	Referenced Case
		The analysis that is appropriate for determining infringement of a musical composition copyright, is not the analysis that is to be applied to determine infringement of a sound recording.
		The exclusive right of the owner of copyright in a sound recording under clause (2) of section 106 is limited to the right to prepare a derivative work in which the actual sounds fixed in the sound recording are rearranged,remixed, or otherwise altered in sequence or quality.
		Also, the record reflects that although there were extensions of discovery beyond that date, extensions were only granted to allow the completion of certain depositions and did not affect the deadline for filing dispositive motions.
	www.columbia.edu /ccnmtl/projects/law/library/cases/case_bridgeportmusicstillnthewaterpublishing.html (7470 words)

	Grand Upright Music, Ltd. v. Warner Brothers Records, Inc. (Site not responding. Last check: 2007-11-03)
		The judgment helped change the conduct of the rap and hip hop music industries, guaranteeing that any future music sampling would be preapproved by the original copyright owners to avoid a lawsuit.
		Warner Brothers denied that Grand Upright owned the copyright to the song, though Grand Upright produced documentation that O'Sullivan had transferred title to them, and O'Sullivan himself testified to that regard.
		As Grand Upright had provided evidence that specifically established the copyright was theirs, the ruling did not hinge on this point, however.
	www.worldhistory.com /wiki/G/Grand-Upright-Music,-Ltd.-v.-Warner-Brothers-Records,-Inc..htm (536 words)

	Referenced Case
		recorded a song titled "Ghetto Symphony," which was released by defendant No Limit Records and distributed by defendant Priority Records.
		The practice of sampling portions of pre-existing recordings and compositions into new songs is apparently common among performers of the genre known as rap (hereinafter "rappers").
		For purposes of this motion, I will assume that Atlantic Records holds a valid copyright in "Hard to Handle." The only evidence submitted regarding the copyright of "Hard to Handle" is a photocopy of a compact disc that contains a recording of the song.
	www.ccnmtl.columbia.edu /projects/law/library/cases/case_williamsbroadus.html (2426 words)

	Footnotes
		V 1993) (compulsory license is available for the use of certain published works in connection with noncommercial broadcasting).
		Musical works available through services on the NII may also be the subject of Musical Instrument Digital Interface ("MIDI") recordings.
		V 1993) (limitation applicable only to pictorial, graphic, or sculptural works); 17 U.S.C. [[section]] 114 (1988) (limitation applicable only to sound recordings); 17 U.S.C. [[section]] 115 (1988) (limitation applicable only to nondramatic musical works); and 17 U.S.C. [[section]] 120 (Supp.
	www.eff.org /Infrastructure/Govt_docs/HTML/ipwg_fn.html (11839 words)

	Footnotes
		Trib., Nov. 17, 2002, at 14 (noting that record industry surveys have consistently found that approximately seventy-five percent of rap music is purchased by White, Latino, and Asian consumers).
		Warner Bros. Records, Inc. and the Future of Digital Sound Sampling in Popular Music, 45 Hastings L.J. Grand Upright Music, 780 F. Supp.
		Acuff-Rose Music, Inc., 510 U.S. See id. An analysis of this case was not included in Part III because the focus on the case dealt less with the doctrinal intricacies of copying and more with the fair use defense in the parody context.
	www-rcf.usc.edu /~usclrev/html_articles/077203/lawreview_footnotes.htm (1607 words)

	List of copyright case law - Wikipedia, the free encyclopedia
		Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach.
		Swish Products Ltd [1979] RPC 551 (the basis of copyright protection is that "one man must not be able to appropriate the result of another's labour")
		Veeck vs. Southern Bldg Code (2002) U.S. 5th Circuit ruled that private organization cannot assert copyright protection for its model codes, after the models have been adopted by a legislative body and become “the law”.
	en.wikipedia.org /wiki/List_of_leading_legal_cases_in_copyright_law (1444 words)

	AlterNet: Free Samples (Site not responding. Last check: 2007-11-03)
		The record, by an Ohio-based trio called the Evolution Control Committee, was a satirical send-up of violence and sensationalism in TV news.
		Given that most music today exists as stored bits on a CD or in a master tape, copyright and fair use issues in music are increasingly relevant to books, films, art and other creative, copyrightable endeavors whose wares can be expressed in digital form.
		Warner Bros. Records) borrowed the Seventh Commandment -- "thou shalt not steal" -- in rendering its decision against sampler and rapper Biz Markie.
	www.alternet.org /story/100 (3107 words)

	winickfn.html (Site not responding. Last check: 2007-11-03)
		Viva Int'l, Ltd., 421 N.Y.S.2d 203, 207 (1979).
		Moreover, the Ohio Players had also agreed that the record company had the right to "couple" their performances with those of other artists, which the court held did not encompass the overdubbing of performances other than those rendered at plaintiffs' recording sessions; but see Preminger v.
		However, the content of the individual contracts of entertainers varies enormously, and many contracts have been held to grant the copyright owner the right to exploit the likeness of the entertainers captured on film, and that rights of publicity were assigned or waived by contract.
	cyber.law.harvard.edu /metaschool/fisher/integrity/Links/Articles/winickfn.html (6053 words)

	IT Journal On-Line 1997: Vol. 4, No. 1
		In Meeropol v Nizer, only 1 percent of a complete copyrighted work was taken and used, but still qualified for copyright infringement.
		In the case of a poem, the entire poem if less than 250 words or 250 words or less of a larger poem may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or student for educational purposes.
		Music Up to 10 % of a copyrighted musical composition may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or student for educational purposes.
	etext.virginia.edu /journals/itjournal/1997/Articles/robertf.html (4577 words)

	Online Encyclopedia and Dictionary - List of leading legal cases in copyright law (Site not responding. Last check: 2007-11-03)
		News (UK) Ltd (1990) 18 IPR 201 (confirming Walter v.
		Paramount Film Service Ltd [1934] 1 Ch 593 (the Colonel Bogey case - infringement of copyright occurs when "a substantial, a vital and an essential part" of a work is copied, per Lord Slesser (UK))
		Wyse Technology (1991) the court concluded that subsequent changes to the Copyright Act had rendered the need to characterize the transaction as a license to use software "largely anachronistic.".
	fact-archive.com /encyclopedia/List_of_leading_legal_cases_in_copyright_law (1199 words)

	Untitled Document
		V 1993); House Report at 58, reprinted in 1976 U.S.C.C.A.N. 5671 (Section 104(a) "imposes no qualification of nationality and domicile with respect to unpublished works"); see also 17 U.S.C. § 104(b) (1988 and Supp.
		V 1993) (limitation applicable only to pictorial, graphic, or sculptural works); 17 U.S.C. § 114 (1988) (limitation applicable only to sound recordings); 17 U.S.C. § 115 (1988) (limitation applicable only to nondramatic musical works); and 17 U.S.C. § 120 (Supp.
		The copyright owner of a sound recording may also place a notice of copyright on publicly distributed phonorecords of the sound recording.
	www.law.cornell.edu /copyright/commentary/whitepaper_notes.htm (8653 words)

	Withdrawal of the Reference:Rights, Rules, and Remedies for Unwelcomed Web-Linking
		Parts III, IV, and V of this Article examine the ways in which a site-owner may ground an action against the linker in established precedent from the areas of copyright, trademark, and tort law, respectively.
		Nevertheless, the new technologies--from television, to video cassette recorders, to digitized transmissions--have been made to fit within the overall scheme of copyright law and to serve the ends which copyright was intended to promote.
		Writing for the court, Judge Easterbrook affirmed the district court's conclusion that the defendant's mounting of the plaintiff's artworks on tile did not constitute an "original work of authorship" but instead was comparable to placing a frame on a painting or putting a medallion in a velvet case.
	www.wcl.american.edu /faculty/effross/withdrawl.cfm (10508 words)

	A Critique of the Electronic Frontier Foundation's Open Audio License
		Warner Bros. Records, Inc., it was determined that the use of "samples" of another artist's work (a common practice in "hip-hop" recordings) was not "fair use;" in other words, it may not be done without permission from the original author.
		For example, one option might be to offer, after verification of the way in which the music is to be used, free mechanical licenses (which would allow others to publish their own versions of a work without paying royalties).
		The EFF has condemned music publishers, and the Recording Industries Association of America (RIAA), for exploiting musicians and attempting to eliminate consumers' ability to exercise their "fair use" rights under copyright law.
	www.brettglass.com /effcritique.html (2970 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		Autodesk v Dyason (No.2) (1993) 176 CLR 300 (the idea-expression divide is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and is not entitled to the protection of copyright" per Dawson J) Bauer & Cie.
		Computer Edge Pty Ltd v Apple Computer Inc (1986) 161 CLR 171 (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ (Aus.))
		Yumbulul v Reserve Bank of Australia (1991) 21 IPR 481 ("copyright law does not provide adequate protection of Aboriginal community claims to regulate the reporoduction and use of works which are essentially communal in origin" (Aus.))
	www.askmytutor.co.uk /l/li/list_of_leading_legal_cases_in_copyright_law.html (1000 words)

	White Paper - Copyright Excerpts - A. Endnotes
		V 1993); House Report at 58, reprinted in 1976 U.S.C.C.A.N. 5671 (Section 104(a) "imposes no qualification of nationality and domicile with respect to unpublished works"); see also 17 U.S.C. § 104(b) (1988 & Supp.
		V 1993) (limitation applicable only to pictorial, graphic, or sculptural works); 17 U.S.C. (1988) (limitation applicable only to sound recordings); 17 U.S.C. (1988) (limitation applicable only to nondramatic musical works); and 17 U.S.C. (Supp.
		Existing guidelines cover certain copying by and for teachers in the classroom context, the copying of music for educational purposes, the copying of relatively recent journal articles by one library for another, and the off-air videotaping of educational broadcast materials.
	www.law.cornell.edu /copyright/commentary/wp-copyn.htm (11825 words)

	Bob Clarida \| Plagiarism - EPMOW entry (2000) (Site not responding. Last check: 2007-11-03)
		Harrisongs Music, Ltd., 722 F.2d 988 (2d Cir.
		Acuff-Rose Music Inc, 510 U.S. 569 (1994)) or simple allusion (e.g.
		piano intro to Gilbert O’Sullivan’s “Alone Again, Naturally” sampled and looped in Biz Markie’s “Alone Again,” Grand Upright Music Ltd. v.
	www.tagg.org /articles/epmow/plagiarism.html (207 words)

	NII - Copyrights: footnotes
		In a couple of aspects, the concept of publication was broadened to include the authorization of offers to distribute copies in a commercial setting and the distribution to certain middlemen, such as retailers, motion picture exhibitors and television stations.
		Before the notice requirement was eliminated, the Copyright Act generally provided for the invalidation of the copyright in a work if copies of the work were distributed to the public, under the authority of the copyright owner, without a copyright notice.
		The sounds accompanying an audiovisual work are specifically excluded from the definition of sound recordings.
	www.ladas.com /NII/CopyrightSubjectMatter_fn.html (2754 words)

	UNITED STATES COURT OF APPEALS
		Acuff-Rose Music, Inc. to argue that digital technology (like mechanical or manual technology) can "add something new" to the image is also unavailing.
		Acuff-Rose Music, Inc. 510 U.S. 569, 579 (1994) concerned whether 2 Live Crew's musical parody of the Roy Orbison composition "Oh Pretty Woman" constituted a fair use of copyrighted material under §107 of the Copyright Act.
		In essence, Winterland's appropriation of Hunter's photograph is akin to a singer-songwriter licensing a musical composition (or arrangement of that composition) to a recording artist, who then proceeds to digitally sample the singer-songwriter's actual recording of that composition.
	www.alankorn.com /briefs/mendler.html (1977 words)

	Every Artist is a Cannibal
		But what it does is it, uh, unfairly misrepresents me, because that was something that was recorded by an engineer who knew that when he gave it to another engineer eventually it would become part of the mainstream and eventually it would be played on the air.
		Therefore, the fact that the recordings were unreleased outtakes is of only minimal significance--in order to claim fair use of the American Top 40 material, regardless of whether it had been broadcast, Negativland probably would have had to overcome the heavy presumption against the use of unpublished works.
		SST Records and our designees shall have the exclusive worldwide right in perpetuity from the date hereof to manufacture, distribute, and advertise records or other reproductions embodying the master recordings.
	www.seanet.com /~rod/cannibal.html (12468 words)

	Ben Challis - United Kingdom - The Song Remains the Same: Music Sampling in the Digital Age (23/12/2003) from Mondaq
		Sampling can be simply defined as the incorporation of pre-existing recordings into a new recording.
		Copyright subsists in sound recordings and in the music and lyrics to a song pursuant to section 1(1) of the Copyright Designs and Patents Act 1988 (CDPA).
		This service is completely FREE but for the full article and thousands of other articles from 100+ countries please tell us about yourself by registering (and yes, our lawyers like to think you've read our Disclaimer).
	www.mondaq.com /i_article.asp?articleid=23823&print=1 (235 words)

	Withdrawal of the Reference:Rights, Rules, and Remedies for Unwelcomed Web-Linking
		[a]lthough digital sampling is functionally similar to magnetic tape recording in so far as it captures and stores sounds that may be later retrieved, it provides far more control over the captured sound than does traditional analog recording methods.
		[i]n the digital recording stage, analog sound waves from sound recordings are converted into digital codes that are intelligible to a digital computer.
		See Acuff-Rose Music, 929 F.2d at 1439 (concluding, in the case of a rap music group's sampling elements of the 1964 Roy Orbison classic, "Oh, Pretty Woman," that "[i]t is the blatantly commercial purpose of the derivative work that prevents this parody from being a fair use"); Jarvis v.
	www.wcl.american.edu /faculty/effross/withdrawl.html (14275 words)

	SAMPLING: CLEAR NOW, NOT LATER
		The copyright holders (rather, their attorneys) can simply refuse to clear the sample or demand a ridiculous licensing fee if you are at their mercy.
		(That is, you are about to sign your first big record deal, and the record company demands evidence of clearance for all samples in a song before it will ink it.) If they don't want to give you permission, they are most likely the types to take you to court.
		If the sample is not ‘caught’ until after distribution, your royalties, your contract with the record company (that likely includes an ‘Indemnification’ or ‘Reps and Warranties’ provision making you responsible for unlawful material) and the life of your record on the market are all in severe jeopardy.
	remixmag.com /mag/remix_sampling_clear_not/index.html (414 words)

	Buy Biz Markie Tickets - Cheap Biz Markie Concert Show Tickets At Onlineseats
		Warner Brothers Records, Inc., changed hip hop forever, as afterwards, all samples were cleared with the original artist before they could be used.
		According to the ruling, Warner Bros., the parent company of Cold Chillin', had to pull I Need a Haircut from circulation, and all companies had to clear samples fully before releasing a hip-hop record.
		For the remainder of the decade, he kept a low profile, occasionally guesting on records by the Beastie Boys and filming a freestyle television commercial for MTV2 in 1996.
	www.onlineseats.com /biz-markie-tickets/index.asp (1050 words)

	winickexcerpt (Site not responding. Last check: 2007-11-03)
		It is very difficult to set forth definitive rules for the particular quantity of fragmented literal similarity necessary to constitute an infringement.
		However, cases involving the digital sampling of musical works provide some guidance.
		In these cases, courts have held that songs that incorporated short digital "samples" of previous songs constituted copyright infringement through fragmented literal similarity, even if those digital samples constituted relatively small portions of the respective works.
	cyber.law.harvard.edu /property00/respect/winickexcerpt.html (3059 words)

	Intellectual Property Committee Reports 1993-1997 Table of Cases (Site not responding. Last check: 2007-11-03)
		BFK Hong Kong Ltd. (DC SNY 1989), 93:207; 95:232; 97:203; 97:204
		Tokyo Tokushu Necco Ltd. (DC NCalif 1991), 93:330
		Hogg Wyld Ltd. (CA 10 1987), 96:227; 97:146
	www.abanet.org /intelprop/annlrpt/cuml-cases.html (4690 words)

	Copyright Opinions and Aesthetic Theory (Site not responding. Last check: 2007-11-03)
		See Bleistein v Donaldson Lithographing Co., 188 U.S. ("It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits."); Gracen v.
		It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits.
		In that case, the plaintiffs, Warner Brothers and DC Comics, contended that ABC's show The Greatest American Hero infringed the character Superman.
	www2.bc.edu /~yen/aesthetics.html (22146 words)

	samplinglaw.com: sampling cases
		Claiming Infringement Over Three Notes is Not Preaching to the "Choir:" Newton v.
		Note: no recording of the song was sampled, however the song was partially performed by the Defendant.
		Warner Bros. Records, Inc. and the Future of Digital Sound Sampling in Popular Music., 45 Hastings L.J., 31 Hous.
	www.superswell.com /samplelaw/lawyers.html (937 words)

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