Tufamerica, Inc. v. WB Music Corp.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

This musical copyright case, which is before the Court on defendants’ motion to dismiss the complaint, comes down to the question whether the defendants’ alleged sampling and use of the word “oh” in an audio recording and music video entitled Run This Town gives rise to a plausible claim of infringement. Plaintiffs allegedly infringed works are a composition and a recording thereof in each of which that word — “oh”—appears once. Even assuming that defendants copied, or “sampled,” a portion of plaintiffs works, plaintiff has not stated a…