fairey-fair-use.jpg
.
photo: mannie garcia for assc press
hope poster: shepard fairey
change, dope silkscreen
print: baxter orr
. .
westbound's claims
are for infringement of the sound
recording "get off." because defendant
does not deny it we assume that the sound track
of hook up used portions of "100 miles" that included the
allegedly infringing sample from "get off." the recording "get off" opens
with a three-note combination solo guitar "riff" that lasts four seconds. according
to one of the plaintiff's experts, randy kling, the recording "100 miles" contains a sample from
that guitar solo. specifically, a two-second sample from the guitar solo was copied, the pitch was lowered
and the copied piece was "looped" and extended to 16 beats. kling states that this sample appears in the sound recording
"100 miles" in five places; specifically, at 0:49, 1:52, 2:29, 3:20 and 3:46. by the district court's estimation each
looped segment lasted approximately 7 seconds. as for the segment copied from "get off," the district
court described it as follows: the portion of the song at issue here is an arpeggiated chord
- that is, three notes that, if struck together, comprise a chord but instead are played
one at a time in very quick succession - that is, repeated several times at
the opening of "get off." the arpeggiated chord is played on an
unaccompanied electric guitar. the rapidity of the notes
and the way they are played produce a high-
pitched whirling sound that captures
the listener's attention and
creates anticipation
of what is to
follow
.
6th circuit
u.s. district appeal
bridgeport music v dimension films, 2004