Legal Opinion
Newton v. Diamond
Court of Appeals for the Ninth Circuit
Decided November 4, 2003No. 02-55983PublishedCited by 22 opinions
1Opinion of the Court
Opinion by Chief Judge SCHROEDER. Dissent by Judge GRABER.
SCHROEDER, Chief Judge:
This appeal raises the difficult and important issue of whether the incorporation of a short segment of a musical recording into a new musical recording, i.e., the practice of “sampling,” requires a license to use both the performance and the composition of the original recording. The particular sample in this case consists of a six-second, three-note segment of a performance of one of his own compositions by plaintiff, and accomplished jazz flutist, James W. Newton. The defendants, the performers who did the…
2Cases cited15 opinions
- Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960
- Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., Defendant-Cross Claimant-Appellant, Beth B. Golub, Defendant-CrossCourt of Appeals for the Second Circuit · 1998
- Sheldon v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1936
- Apple Computer, Inc. v. Microsoft Corp.Court of Appeals for the Ninth Circuit · 1994
- Ideal Toy Corporation v. Fab-Lu Ltd. (Inc.) and David FaberCourt of Appeals for the Second Circuit · 1966
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Positive Black Talk Inc., Doing Business as Take Fo' Records, Doing Business as Take Fo' Publishing, Plaintiff-Counter v. Cash Money Records Inc., Cash Money Records Inc. Terius Gray, Also Known as Juvenile, Defendants-Counter Claimants-Appellees, and UMG Recordings Inc., Universal Records Inc. Merged Into UMG Recordings Inc. Universal Music and Video Distribution Corp. Positive Black Talk Inc., Doing Business as Take Fo' Records, Doing Business as Take Fo' Publishing v. Cash Money Records Inc., Cash Money Records Inc. UMG Recording Inc., Universal Records, Inc. Universal Music and Video Distribution Corp. Terius Gray, Also Known as JuvenileCourt of Appeals for the Fifth Circuit · 2004
- Positive Black Talk Inc. v. Cash Money Records Inc.Court of Appeals for the Fifth Circuit · 2005
- Swirsky v. CareyCourt of Appeals for the Ninth Circuit · 2004
- Bridgeport Music, Inc. Westbound Records, Inc., Southfield Music, Inc. Nine Records, Inc. v. Dimension Films Miramax Film Corp., No Limit Films Llc, Bridgeport Music, Inc. Southfield Music, Inc. Nine Records, Inc., Westbound Records, Inc. v. Dimension Films, No Limit Films LLCCourt of Appeals for the Sixth Circuit · 2005
- Swirsky v. CareyCourt of Appeals for the Ninth Circuit · 2004
17 more not listed; retrieve them via the Exa API.