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Keywords

lawsuitappealsummary judgmentcopyrightcorporation

plaintiffcopyrightcorporationappellant

Related Cases

Newton v. Diamond, 388 F.3d 1189, 73 U.S.P.Q.2d 1152, 04 Cal. Daily Op. Serv. 10,036, 2004 Daily Journal D.A.R. 13,696

Facts

James W. Newton, an accomplished jazz flutist, composed the song 'Choir' in 1978 and retained the copyright to the composition after licensing the sound recording to ECM Records. The Beastie Boys obtained a license to use the sound recording of 'Choir' but did not secure a license for the underlying composition. They sampled a six-second segment of Newton's performance, which included a three-note sequence, and incorporated it into their song 'Pass the Mic.' Newton filed a lawsuit claiming copyright infringement, leading to the district court's ruling in favor of the Beastie Boys.

The plaintiff and appellant in this case, James W. Newton, is an accomplished avant-garde jazz flutist and composer. In 1978, he composed the song 'Choir,' a piece for flute and voice intended to incorporate elements of African–American gospel music, Japanese ceremonial court music, traditional African music, and classical music, among others.

Issue

Whether the incorporation of a short segment of a musical recording into a new musical recording, specifically the practice of sampling, requires a license to use both the performance and the composition of the original recording.

Whether the incorporation of a short segment of a musical recording into a new musical recording, i.e., the practice of 'sampling,' requires a license to use both the performance and the composition of the original recording.

Rule

For an unauthorized use of a copyrighted work to be actionable, the use must be significant enough to constitute infringement. A use is considered de minimis if it is so meager and fragmentary that the average audience would not recognize the appropriation.

For an unauthorized use of a copyrighted work to be actionable, the use must be significant enough to constitute infringement.

Analysis

The court analyzed the sampled segment in relation to the overall composition and determined that the three-note sequence was not a quantitatively or qualitatively significant portion of 'Choir.' The court noted that the sampled segment represented only about two percent of the sound recording and was not distinctive enough to be recognized by an average audience as a substantial part of the composition. The court concluded that even if the sampled segment were original, its use was de minimis and therefore not actionable.

On the undisputed facts of this record, no reasonable juror could find the sampled portion of the composition to be a quantitatively or qualitatively significant portion of the composition as a whole.

Conclusion

The Court of Appeals affirmed the district court's grant of summary judgment, holding that the Beastie Boys' use of the three-note segment from Newton's composition was de minimis and did not constitute copyright infringement.

We hold that Beastie Boys' use of a brief segment of that composition, consisting of three notes separated by a half-step over a background C note, is not sufficient to sustain a claim for infringement of Newton's copyright in the composition 'Choir'.

Who won?

Beastie Boys prevailed in the case because the court found that their use of the sampled segment was trivial and did not require a license for copyright infringement.

Beastie Boys did not obtain a license from Newton to use the underlying composition.

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