Grand Upright Music Ltd. v. Warner Bros. Records, Inc.
780 F.Supp. 182, 22 U.S.P.Q. 2d (BNA) 1556, 1991 WL 287350 (1991)
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Rule of Law:
The unauthorized use of a copyrighted musical composition in a new work, through digital sampling, constitutes copyright infringement regardless of industry custom or practice.
Facts:
- Raymond 'Gilbert' O'Sullivan wrote the musical composition 'Alone Again (Naturally)' and performed it for a master recording.
- Grand Upright Music, Ltd. (Plaintiff) is the owner of the copyright for the composition and the master recording of 'Alone Again (Naturally)'.
- Recording artist Biz Markie and his producers created a rap song titled 'Alone Again' for the album 'I Need A Haircut'.
- The Biz Markie song incorporated three words and a portion of the music from O'Sullivan's original recording, a practice known as sampling.
- Prior to releasing the album, an attorney for Biz Markie contacted O'Sullivan's agent to seek consent for the use of the sample.
- Permission to use the sample was not granted by O'Sullivan or the plaintiff.
- Despite not obtaining a license, the defendants, including Warner Bros. Records, Inc., commercially released the album containing the song with the unauthorized sample.
Procedural Posture:
- Grand Upright Music, Ltd. sued Biz Markie, Warner Bros. Records, Inc., and other related entities in the U.S. District Court for the Southern District of New York, alleging copyright infringement.
- The plaintiff filed an Order to Show Cause seeking a preliminary injunction to prevent the defendants from continuing to manufacture and sell the album containing the infringing song.
- The District Court held a hearing to consider the plaintiff's application for a preliminary injunction.
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Issue:
Does the unauthorized incorporation and commercial distribution of a recognizable sample from a copyrighted song into a new musical recording constitute copyright infringement warranting a preliminary injunction?
Opinions:
Majority - District Judge Kevin Thomas Duffy
Yes, the unauthorized incorporation of a sample from a copyrighted song into a new recording is copyright infringement. The court found that the defendants' conduct was a clear case of theft, violating both the Seventh Commandment and federal copyright law. The court's reasoning was based on three key areas of proof: 1) The plaintiff provided valid copyright certificates and deeds of transfer proving ownership; 2) The original composer, Gilbert O’Sullivan, testified credibly that the plaintiff owned the copyrights; and 3) The defendants’ own actions demonstrated their knowledge of the plaintiff's rights, as they had attempted to obtain a license before releasing the infringing work. The court explicitly rejected the defendants' argument that sampling was a common practice in the rap music industry, stating that an industry custom of engaging in illegal activity is not a valid defense. The infringement was deemed so blatant and willful that the court not only granted the injunction but also referred the matter to the U.S. Attorney for potential criminal prosecution.
Analysis:
This case was a landmark decision that fundamentally altered the music industry's approach to digital sampling, particularly in hip-hop. The court's unequivocal holding that unauthorized sampling is theft sent a clear message that the practice, regardless of its prevalence, constitutes copyright infringement. Following this decision, obtaining legal clearance for all samples became a standard and necessary practice for record labels and producers. The ruling effectively ended the era of unchecked sampling and established a legal framework that requires artists to license or pay for the portions of others' works they incorporate into their own.
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