Maryland
How EMI April Music, Inc. v. White applies in Maryland: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Maryland follows federal copyright law closely, acknowledging the importance of the rights of copyright holders while also allowing for fair use in certain situations. In EMI April Music, Inc. v. White, the principles established regarding unauthorized distribution and public performance directly inform Maryland's enforcement of copyright protections.
In Maryland, a copyright owner must demonstrate ownership of the copyrighted work and infringement by the alleged infringer, specifically showing that the infringer either reproduced, distributed, or publicly performed the work without permission.
The court held that the unauthorized use of copyrighted material in a promotional context constituted infringement, emphasizing strict liability for copyright violations.
In this case, the court ruled that the defendant's public performance of a copyrighted musical work without a license was infringing, reaffirming protection against unauthorized public performances.
The court found that adaptations of copyrighted works for public display require explicit permission, reiterating the limited exceptions regarding fair use.
Maryland's approach to copyright closely mirrors federal law, focusing on the necessity of clear evidence of both ownership and infringement. However, Maryland courts may consider local precedents in interpreting fair use differently than federal courts.
Knowledge of how state law aligns with federal copyright principles is crucial for the Maryland bar exam, particularly regarding infringement cases and the scope of rights held by copyright owners.