Bridgeport Music, Inc., is in the business of publishing music and exploiting musical composition copyrights. Westbound Records,

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Bridgeport Music, Inc., is in the business of publishing music and exploiting musical composition copyrights. Westbound Records, Inc., is in the business of recording and distributing sound recordings. Bridgeport and Westbound own the composition and recording copyrights to “Get Off Your Ass and Jam” by George Clinton, Jr., and the Funkadelics. The recording “Get Off” opens with a three-note solo guitar riff that lasts four seconds. The rap song “100 Miles and Runnin” contains a two-second sample from the guitar solo, at a lower pitch, looped and extended to sixteen beats, in five places in the song, with each looped segment lasting about seven seconds. “100 Miles” was included in the sound track of the movie I Got the Hook Up, which was distributed by No Limit Films. Bridgeport, Westbound, and others filed a suit in a federal district court against No Limit and others, alleging copyright infringement. Does a musician commit copyright infringement when he or she copies any part—even as little as two seconds—of a copyrighted sound recording without the permission of the copyright’s owner? If so, how can an artist legally incorporate a riff from another’s work in his or her own recording? Discuss.

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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