Sample copyright case study

Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991)

Really, though, the case is…

Gilbert O’Sullivan v. Biz Markie (1991)

This is the case that stopped rappers from “sampling” the music of other artists

It all started with a very bad decision.

Biz Markie wanted to use music that did not belong to him.

Biz Markie wanted to use music that did not belong to him. He had his lawyer send a letter to Gilbert O’Sullivan’s agent asking permission to use the music.

Biz Markie wanted to use music that did not belong to him. He had his lawyer send a letter to Gilbert O’Sullivan’s agent asking permission to use the music. Good decision !

Here’s the letter.

Here’s the letter. Good decision !

Biz Markie wanted to use music that did not belong to him. The lawyer even sent along a cassette tape of Biz Markie’s song that used O’Sullivan’s music. On 12-2-2011: http://www.unicor.gov/recycling/media_data.cfm

Before Gilbert O’Sullivan’s agent came to an agreement with Biz Markie’s lawyer…

Biz Markie released his album anyway! http://www.youtube.com/watch?v=OebqNsNRBtU

Biz Markie released his album anyway! http://www.youtube.com/watch?v=OebqNsNRBtU Bad decision !

Biz Markie released his album anyway! http://www.youtube.com/watch?v=OebqNsNRBtU Dude! What were you thinking?

Gilbert O’Sullivan’s company sued Biz Markie’s company

The case was heard in the Federal District court

(All copyright cases are heard in a Federal District court, not state courts)

There was no question that Biz Markie used the music of Gilbert O’Sullivan without permission.

The Biz Markie lawyers conceded that Biz Markie used the music of Gilbert O’Sullivan without permission.

Biz Markie defense?

Biz Markie defense? Um, we don’t think Grand Upright Music, Limited is the true copyright holder so they cannot be suing us.

Gilbert O’Sullivan had registered his copyright with the U.S. Copyright Office

Gilbert O’Sullivan had then sold the copyright to Grand Upright, Limited

Gilbert O’Sullivan had then sold the copyright to Grand Upright, Limited Grand Upright had the paperwork

Gilbert O’Sullivan had then sold the copyright to Grand Upright, Limited Grand Upright had the paperwork And O’Sullivan testified that they were the true copyright owners.

Biz Markie was found liable for the tort of copyright infringement.

Biz Markie and Warner Brothers Records paid Gilbert O’Sullivan and Grand Upright a “substantial” amount of money.

The exact amount was undisclosed.

Would you like to hear the two songs? Yes No

Here’s part of Markie’s song… (Listen to the piano, not the words)

Alone Again (Listen to the piano, not the words)

Let’s hear part of Gilbert O’Sullivan’s song… (Listen to the piano, not the words)

Gilbert O’Sullivan http://www.youtube.com/watch?v=bhQgta94IG8 (Listen to the piano, not the words)

Biz Markie again

Biz Markie

Biz Markie Now just the Alone Again, Naturally part

Gilbert O’Sullivan Now just the Alone Again, Naturally part

Would anyone like to hear both songs in their entirety?

Would anyone like to hear both songs in their entirety? (It doesn’t really matter. Markie already admitted he used O’Sullivan’s music)

Biz Markie Entire recording (about 3 minutes)

Gilbert O’Sullivan http://www.youtube.com/watch?v=bhQgta94IG8 (about 2½ minutes)

Sample copyright case study

by Mark Lushenko

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