VMG Salsoul V Ciccone
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VMG Salsoul V Ciccone
''VMG Salsoul v Ciccone'' 824 F.3d 871 (9th Cir. 2016) is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna, for sampling the horns from an early 1980s song "Ooh I Love It (Love Break)" by the Salsoul Orchestra in her international hit song "Vogue". Such sampling was done without a license, or compensation to VMG Salsoul, LLC, which was the copyright holder of "Love Break" and therefore brought suit claiming infringement and damages. The Ninth Circuit was to rule upon a contentious issue in the music industry at large, i.e. whether the ''de minimis'' defense is applicable against a claim of copyright infringement in the case of sound recording, with special regard to the practice of sampling. The issue was brought before a federal judge, with the plaintiff claiming that both a single horn hit and a double horn ...
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Copyright Law Of The United States
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the ...
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Beastie Boys
Beastie Boys were an American rap rock group from New York City, formed in 1978. The group was composed of Mike D, Michael "Mike D" Diamond (vocals, drums), Adam Yauch, Adam "MCA" Yauch (vocals, bass), and Ad-Rock, Adam "Ad-Rock" Horovitz (vocals, guitar, Programming (music), programming). Beastie Boys were formed out of members of experimental hardcore punk band the Young Aborigines in 1978, with Diamond as vocalist, Jeremy Shatan on bass guitar, John Berry (Beastie Boys), John Berry on guitar, and Kate Schellenbach on drums. When Shatan left in 1981, Yauch replaced him on bass and the band changed their name to Beastie Boys. Berry left shortly thereafter and was replaced by Horovitz. After achieving local success with the 1983 comedy hip hop single "Cooky Puss", Beastie Boys made a full transition to hip hop, and Schellenbach left. They toured with Madonna (entertainer), Madonna in 1985 and a year later released their debut album, ''Licensed to Ill'' (1986), the first rap reco ...
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Eric Goldman
Eric Goldman (born April 15, 1968) is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute. and co-supervises the law school's Privacy Law Certificate. Career overview Goldman is a leading expert in the fields of Internet Law and Intellectual Property. He was part of the first wave of teaching Internet Law courses in law schools, having taught his first course in 1995–96. He has testified before Congress on the Consumer Review Fairness Act, Stop Enabling Sex Traffickers Act (SESTA), and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). In a well-publicized December 2005 post to hiTechnology & Marketing Law Blog Goldman incorrectly predicted Wikipedia's demise in five years. Goldman has co-authored (with Rebecca Tushnet of Harvard Law) the first ''Advertising & Marketing Law'' casebook for the law school community. He has been shortlisted as an "IP Thought Leader" by ''Managing IP'' magazine ...
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Circuit Split
In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.https://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason. Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of the local residents. Scholars have also observed that re ...
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Grand Upright Music, Ltd
Grand may refer to: People with the name * Grand (surname) * Grand L. Bush (born 1955), American actor * Grand Mixer DXT, American turntablist * Grand Puba (born 1966), American rapper Places * Grand, Oklahoma * Grand, Vosges, village and commune in France with Gallo-Roman amphitheatre * Grand Concourse (other), several places * Grand County (other), several places * Grand Geyser, Upper Geyser Basin of Yellowstone * Grand Rounds National Scenic Byway, a parkway system in Minneapolis, Minnesota, United States * Le Grand, California, census-designated place * Grand Staircase, a place in the US. Arts, entertainment, and media * ''Grand'' (Erin McKeown album), 2003 * ''Grand'' (Matt and Kim album), 2009 * ''Grand'' (magazine), a lifestyle magazine related to related to grandparents * ''Grand'' (TV series), American sitcom, 1990 * Grand piano, musical instrument * Grand Production, Serbian record label company * The Grand Tour, a new British automobile show Oth ...
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Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ...
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Interpolation Search
Interpolation search is an algorithm for searching for a key in an array that has been ordered by numerical values assigned to the keys (''key values''). It was first described by W. W. Peterson in 1957. Interpolation search resembles the method by which people search a telephone directory for a name (the key value by which the book's entries are ordered): in each step the algorithm calculates where in the remaining search space the sought item might be, based on the key values at the bounds of the search space and the value of the sought key, usually via a linear interpolation. The key value actually found at this estimated position is then compared to the key value being sought. If it is not equal, then depending on the comparison, the remaining search space is reduced to the part before or after the estimated position. This method will only work if calculations on the size of differences between key values are sensible. By comparison, binary search always chooses the middl ...
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Pass The Mic
"Pass the Mic" is the first single from the third studio album ''Check Your Head'' by American rap group the Beastie Boys, released on April 7, 1992. Sampling lawsuit In 2003, Beastie Boys were involved in the landmark sampling (music), sampling decision, ''Newton v. Diamond''. In that case, a federal judge ruled that the band was not liable for sampling James Newton's "Choir" in their track, "Pass the Mic". The sample used is the six-second flute stab. In short, Beastie Boys cleared the sample but obtained only the rights to use the sound recording and not the composition rights to the song "Choir". In the decision, the judge found that: Track listing # "Pass the Mic" (LP version) – 4:30 # "Dub the Mic" (Instrumental) – 4:26 # "Drunken Praying Mantis Style" – 2:37 # "Pass the Mic (Pt. 2, Skills to Pay the Bills)" – 4:24 # "Netty's Girl" – 5:39 Samples * "Choir" by James Newton, from ''Axum (album), Axum'' * "Big Take Over" by Bad Brains, from ''Bad Brains (album), B ...
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Newton V
Newton most commonly refers to: * Isaac Newton (1642–1726/1727), English scientist * Newton (unit), SI unit of force named after Isaac Newton Newton may also refer to: Arts and entertainment * ''Newton'' (film), a 2017 Indian film * Newton (band), Spanish electronic music group * ''Newton'' (Blake), a print by William Blake * ''Newton'' (Paolozzi), a 1995 bronze sculpture by Eduardo Paolozzi * Cecil Newton (''Coronation Street''), a character in the British soap opera ''Coronation Street'' * Curtis Newton, "real" name of pulp magazine character Captain Future * George Newton, a character in the film series ''Beethoven'' * Newton Gearloose, a Disney character, nephew of Gyro Gearloose * Newton, a character in ''The Mighty Hercules'' animated series People * Newton (surname), including a list of people with the surname * Newton (given name), including a list of people with the given name Places Australia * Newton, South Australia Canada * Newton, Edmonton, Alberta * Newt ...
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Madonna
Madonna Louise Ciccone (; ; born August 16, 1958) is an American singer-songwriter and actress. Widely dubbed the " Queen of Pop", Madonna has been noted for her continual reinvention and versatility in music production, songwriting, and visual presentation. She has pushed the boundaries of artistic expression in mainstream music, while continuing to maintain control over every aspect of her career. Her works, which incorporate social, political, sexual, and religious themes, have generated both controversy and critical acclaim. A prominent cultural figure crossing both the 20th and 21st centuries, Madonna remains one of the most "well-documented figures of the modern age", with a broad amount of scholarly reviews and literature works on her, as well as an academic mini subdiscipline devoted to her named Madonna studies. At 20 years old, Madonna moved to New York City in 1978 to pursue a career in modern dance. After performing as a drummer, guitarist, and vocalist in ...
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United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. William Howard Taft, the only person ever to serve as both President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ... and Chief Justice of the United Sta ...
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Bridgeport Music, Inc
Bridgeport is the most populous city and a major port in the U.S. state of Connecticut. With a population of 148,654 in 2020, it is also the fifth-most populous in New England. Located in eastern Fairfield County at the mouth of the Pequonnock River on Long Island Sound, it is from Manhattan and from The Bronx. It is bordered by the towns of Trumbull to the north, Fairfield to the west, and Stratford to the east. Bridgeport and other towns in Fairfield County make up the Bridgeport-Stamford-Norwalk-Danbury metropolitan statistical area, the second largest metropolitan area in Connecticut. The Bridgeport-Stamford-Norwalk-Danbury metropolis forms part of the New York metropolitan area. Inhabited by the Pauguseett Native American tribe until English settlement in the 1600s, Bridgeport was incorporated in 1821 as a town, and as a city in 1836. Showman P. T. Barnum was a resident of the city and served as the town's mayor (1871). Barnum built four houses in Bridgeport and hou ...
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