Sample copyright case study

8,175 views

Published on

A teacher sampl

1 Comment
3 Likes
Statistics
Notes
  • Great Slides!! I LOVE TO GILBERT O'SULLIVAN Regars from Mexico!!! Fierro Pariente!! :3
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
No Downloads
Views
Total views
8,175
On SlideShare
0
From Embeds
0
Number of Embeds
23
Actions
Shares
0
Downloads
217
Comments
1
Likes
3
Embeds 0
No embeds

No notes for slide

Sample copyright case study

  1. 1. Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991)
  2. 2. Really, though, the case is…
  3. 3. Gilbert O’Sullivan v. Biz Markie (1991)
  4. 4. This is the case that stopped rappers from “sampling” the music of other artists
  5. 5. It all started with a very bad decision.
  6. 6. Biz Markie wanted to use music that did not belong to him.
  7. 7. 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.
  8. 8. 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 !
  9. 9. Here’s the letter.
  10. 10. Here’s the letter. Good decision !
  11. 11. 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
  12. 12. Before Gilbert O’Sullivan’s agent came to an agreement with Biz Markie’s lawyer…
  13. 13. Biz Markie released his album anyway! http://www.youtube.com/watch?v=OebqNsNRBtU
  14. 14. Biz Markie released his album anyway! http://www.youtube.com/watch?v=OebqNsNRBtU Bad decision !
  15. 15. Biz Markie released his album anyway! http://www.youtube.com/watch?v=OebqNsNRBtU Dude! What were you thinking?
  16. 16. Gilbert O’Sullivan’s company sued Biz Markie’s company
  17. 17. The case was heard in the Federal District court
  18. 18. (All copyright cases are heard in a Federal District court, not state courts)
  19. 19. There was no question that Biz Markie used the music of Gilbert O’Sullivan without permission.
  20. 20. The Biz Markie lawyers conceded that Biz Markie used the music of Gilbert O’Sullivan without permission.
  21. 21. Biz Markie defense?
  22. 22. Biz Markie defense? Um, we don’t think Grand Upright Music, Limited is the true copyright holder so they cannot be suing us.
  23. 23. Gilbert O’Sullivan had registered his copyright with the U.S. Copyright Office
  24. 24. Gilbert O’Sullivan had then sold the copyright to Grand Upright, Limited
  25. 25. Gilbert O’Sullivan had then sold the copyright to Grand Upright, Limited Grand Upright had the paperwork
  26. 26. 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.
  27. 27. Biz Markie was found liable for the tort of copyright infringement.
  28. 28. Biz Markie and Warner Brothers Records paid Gilbert O’Sullivan and Grand Upright a “substantial” amount of money.
  29. 29. The exact amount was undisclosed.
  30. 30. Would you like to hear the two songs? Yes No
  31. 31. Here’s part of Markie’s song… (Listen to the piano, not the words)
  32. 32. Alone Again (Listen to the piano, not the words)
  33. 33. Let’s hear part of Gilbert O’Sullivan’s song… (Listen to the piano, not the words)
  34. 34. Gilbert O’Sullivan http://www.youtube.com/watch?v=bhQgta94IG8 (Listen to the piano, not the words)
  35. 35. Biz Markie again
  36. 36. Biz Markie
  37. 37. Biz Markie Now just the Alone Again, Naturally part
  38. 38. Biz Markie Now just the Alone Again, Naturally part
  39. 39. Gilbert O’Sullivan Now just the Alone Again, Naturally part
  40. 40. Gilbert O’Sullivan Now just the Alone Again, Naturally part
  41. 41. Would anyone like to hear both songs in their entirety?
  42. 42. Would anyone like to hear both songs in their entirety? (It doesn’t really matter. Markie already admitted he used O’Sullivan’s music)
  43. 43. Biz Markie Entire recording (about 3 minutes)
  44. 44. Gilbert O’Sullivan http://www.youtube.com/watch?v=bhQgta94IG8 (about 2½ minutes)

×