Paul Fakler Quoted by Law360 on Madonna Copyright Infringement Ruling
New York partner Paul Fakler was recently quoted in a Law360 article titled, “9th Circ. Throws Down The Gauntlet on Music Sampling.” The article describes a recent ruling by the Ninth Circuit that Madonna was not liable for copyright infringement for a music sample used in one of her songs. This new ruling contradicts a previous ruling by the Sixth Circuit in 2005 (Bridgeport Music v. Dimension Films), which declared that any amount of unauthorized sampling of a sound recording amounted to infringement.
Since its inception, Bridgeport has drawn the ire of critics for its categorical ban on sampling, effectively stifling creative small borrowing. Fakler told Law360: “I can’t impress upon you how poorly Bridgeport was decided, and I think most copyright lawyers who don’t have a dog in the fight would agree. That decision has been a stain on copyright jurisprudence.” Fakler went on to describe the new ruling as “a major step in the right decision.”
To read the full article, click here.