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- Title
Fragmented Literal Similarity in the Ninth Circuit: Dealing with Fragmented Takings of Jazz and Experimental Music.
- Authors
Zaken, Michael
- Abstract
The article discusses the U.S. Court of Appeals for the Ninth Circuit's ruling in the case Newton v. Diamond which deals with the legal concept of fragmented literal similarity in relation to a copyright infringement claim involving avant-garde jazz flutist James Newton and the hip-hop group the Beastie Boys. The legal aspects of music sampling are addressed in regards to Newton's song "Choir" and the Beastie Boys' music release "Pass the Mic." Copyright ownership and licensing are examined.
- Subjects
AVANT-garde music; NEWTON, James; UNITED States. Court of Appeals (9th Circuit); COPYRIGHT lawsuits; CHOIR (Music); SAMPLING (Sound); BEASTIE Boys; COPYRIGHT of music; ACTIONS &; defenses (Law)
- Publication
Columbia Journal of Law & the Arts, 2014, Vol 37, Issue 2, p283
- ISSN
1544-4848
- Publication type
Article