ZZ Top v. Chrysler Corp.
54 F. Supp. 2d 983, 1999 U.S. Dist. LEXIS 9863, 51 U.S.P.Q. 2d (BNA) 1380 (1999)
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Rule of Law:
A work possesses sufficient originality for copyright protection if the author contributes something more than a merely trivial variation from prior art, even if some elements are similar to preexisting material. Originality only requires that the work originates from the author and is not a direct copy.
Facts:
- Plaintiffs, the creators of the band ZZ Top, composed and own the copyright for the song 'La Grange.'
- The song 'La Grange' includes a guitar riff, vocals, and an improvised guitar solo.
- Chrysler Corporation used parts of 'La Grange' as the soundtrack for a promotional video for its new Plymouth Prowler automobile.
- In January 1996, Chrysler also used the song as background music during a press event to introduce the Prowler.
- Chrysler did not have authorization from the plaintiffs to use the song.
- Chrysler contended that the guitar riff in 'La Grange' was not original, alleging it was substantially similar to riffs in earlier compositions by artists like John Lee Hooker and Norman Greenbaum.
Procedural Posture:
- The plaintiffs, copyright owners of the song 'La Grange,' sued Chrysler Corporation in U.S. District Court for copyright infringement.
- Chrysler conceded that it had copied the song for its promotional materials.
- Chrysler challenged the validity of the plaintiffs' copyright, arguing the song lacked the necessary originality.
- The plaintiffs filed a motion for partial summary judgment, asking the court to rule that Chrysler was liable for infringement as a matter of law.
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Issue:
Does a musical composition that contains a guitar riff similar to those in prior works possess sufficient originality to be a validly copyrighted work, making its unauthorized use an infringement?
Opinions:
Majority - Lasnik, District Judge
Yes. A musical composition containing a guitar riff similar to prior works can possess sufficient originality for copyright protection. The standard for originality in copyright law is minimal, requiring only that the author contribute 'something more than a merely trivial variation, something recognizably his own.' The court found that other parts of the song, such as the improvised guitar solo and vocals, were admittedly original, substantial, and sufficient to render the entire work copyrightable. Furthermore, the court rejected the defendant's expert analysis of the riff as flawed and subjectively manipulated. The court concluded as a matter of law that the expression of the riff in 'La Grange' was not substantially similar to prior works, as no reasonable person could confuse them.
Analysis:
This decision reinforces the low threshold for originality required under copyright law, distinguishing it from the higher novelty standard in patent law. It establishes that a work's copyrightability is assessed based on the whole composition, meaning original elements can secure copyright for the entire work even if some parts draw from common or preexisting ideas. The court's willingness to grant summary judgment on the issue of substantial similarity, a question typically reserved for a jury, shows that courts may intervene when the differences in expression are clear, providing strong protection for creators against infringement claims based on tenuous similarities to prior art.
