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U.S. Court of Appeals Finds Digital Sampling of Music Can be Infringement of Copyright
In a recent decision, the U.S. Court of Appeals (6th Circuit) found that "digital sampling" of copyrighted music as part of composing a new piece of music can constitute infringement of U.S. copyright laws. The action arose of the use of a digital sample of an existing copyrighted work in a the composition of a rap song called "100 Miles and Runnin" ("Rap Song"), which was included in the sound track of the movie I Got the Hook Up. Specifically and amongst other things, the appeal involved one of the plaintiffs, Westbound, appealing the lower court's decision to grant summary judgment to the defendant on the grounds that the alleged infringement was de minimis and therefore not actionable.
The Court of Appeals found that the three-note guitar "riff" originally lasting two seconds in the Rap Song could result in a breach of U.S. copyright laws and accordingly, reversed the trial court's decision granting a summary judgment that the copying was "legally insubstantial". In coming to its decision, the Court of Appeals stated the following:
"The music industry, as well as the courts, are best served if something approximating a bright-line test can be established. Not necessarily a "one size fits all" test, but one that, at least, adds clarity to what constitutes actionable infringement with regard to the digital sampling of copyrighted sound recordings."
As observed by the Court of Appeals, advances in technology coupled with the advent of the popularity of hip-hop and rap music have made instances of "digital sampling" common and have spawned a number of copyright disputes. In fact, this case is one of hundreds of lawsuits that have been filed in the U.S. over the practice of "digital sampling".
For a copy of the Court of Appeals decision, visit:
http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=04a0297p.06