Case Laws on Copyright Infringement in Music and Media, Quizzes of Communication

Download Case Laws on Copyright Infringement in Music and Media and more Quizzes Communication in PDF only on Docsity! TERM 1 Lil Joe Wein Music, Inc. v. Jackson DEFINITION 1 Plaintiffs, who own the song Its Your Birthday, alleged that their copyright was infringed by the song In Da Club by 50 Cent. Specifically, the plaintiffs claimed that the defendant copied the line Go shawty, its your birthday. The district court granted summary judgment for the defendant on the grounds that those lyrics were not copyrightable because the phrase was a common chant at hip hop events and nightclubs and had appeared in other prior works. TERM 2 Los Angeles News Service v. Tullo DEFINITION 2 LANS sued AVRS for selling videotaped copies of their copyrighted unedited news cast footage AVRS argues that it can't be copyrighted because it is not orignal, all they did was record the footage. Holding: This raw footage was copyrightable. The requisite level of creativity [to qualify as an original work] is extremely low; even a slight amount will suffice. TERM 3 Feist Publications, Inc. v. Rural Telephone Service Co., Inc DEFINITION 3 a United States Supreme Court case in which Feist had copied information from Rural's telephone listings to include in its own, after Rural had refused to license the information. Rural had sued for copyright infringement. The Court ruled that information contained in Rural's phone directory was not copyrightable, and that therefore no infringement existed. TERM 4 Nash v. CBS DEFINITION 4 Nash, the author of the book John Dillinger, sued CBS for copyright infringement over an episode of the television show "Simon and Simon" in which CBS admittedly took ideas from his book. Nash suggested that historians were wrong when they suggested Dillinger was dead. The show suggested that he was alive living in California. The court agreed that the plaintiff's book was not cpyrightable because it is a historical book. History is a collection of facts and facts are not copyrightable. TERM 5 Basic Books Inc. v. Kinko's Graphics Corp. DEFINITION 5 Eight U.S. publishers sued Kinkos for copy infringement for their practice of copying material given them by college professorsmagazine and journal articles, chapters from books, and other written materialand creating course packets without first getting permission from the copyright holders. Holding: The court agreed that the material was photocopied for educational purposes, but ruled that the nature and extent of the copying and Kinkos profit-making intent had clearly exceeded TERM 6 Harper & Row Publishers v. Nation Enterprises DEFINITION 6 A copy of Gerald Ford's memoir was given to Nation Magazine by an unknown source. They published an article containing the most provacative portion- the decision to pardon President Nixon.The US District court said the publication amounted to copyright infringment but was overturned. The US Supreme Court favored for the plaintiffs. The article took from the author the right of first publication. TERM 7 Grand Upright Music Ltd. v. Warner Brothers Records DEFINITION 7 Biz Markie use of three words from the song "Alone Again (Naturally)" by Raymond "Gilbert" Sullivan on his album held not to be fair use. The court granted an injunction against the defendants to prevent further copyright infringement of the plaintiff's song by sampling and referred them for criminal prosecution. The judgment changed the hip hop music industry, requiring that any future music sampling be preapproved by the original copyright owners to avoid lawsuit. TERM 8 Campbell v. Acuff-Rose Music, Inc. DEFINITION 8 a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. That money is made does not make it impossible for a use to be fair; it is merely one of the components of a fair use analysis. TERM 9 Barbaran v. Time Warner Inc. DEFINITION 9 The court ruled that a picture of dairy farmer and cow standing in a field near a nuclear power plant was not likely to have a negative impact on the market for the original: The idea that a thriving market for photographs of Louise Ihlenfeldt and the cow (however dramatically portrayed) actually exists is dubious to say the least. TERM 10 Castle Rock Entertainment v. Carol Publishing Group Inc. DEFINITION 10 CP group published "The Seinfield Aptitude Test" a trivia book based off of "Seinfield". When CRE sued for copyright infringement, CP argued fair use. stating that the bookonly stated facts. First the court ruled that the book did not state facts. but copied expressive activites by the authors of the series. Then they said that the value of a copyrighted work also inclueds the value of derivitive works.