Missouri

EMI April Music, Inc. v. White in Missouri Law

How EMI April Music, Inc. v. White applies in Missouri: state-specific rules, key cases, and bar exam notes for Intellectual Property.

State Approach

Missouri law upholds the principles of copyright infringement as established in EMI April Music, Inc. v. White, emphasizing the importance of proving access and substantial similarity in cases concerning music composition copyright. Additionally, Missouri courts have adopted similar standards for evaluating fair use and related defenses.

State Rule
In Missouri, copyright infringement claims must demonstrate that the alleged infringer had access to the copyrighted work and that there is substantial similarity between the two works.
Significant State Cases

Benz v. St. Louis Post-Dispatch

The court held that the plaintiff established sufficient evidence of copyright infringement by demonstrating access and substantial similarity.

Sullivan v. Publishers Clearing House, Inc.

The court reinforced the necessity of showing access, emphasizing that mere sharing of ideas does not imply infringement without substantial similarities.

Comparison to Federal Law

Missouri's approach aligns closely with federal copyright law, particularly regarding access and substantial similarity requirements as outlined in EMI April Music, Inc. v. White. However, Missouri courts may have more stringent interpretations of specific defenses, such as fair use, compared to some federal precedents.

Bar Exam Note

Questions related to copyright law, especially concerning access and substantial similarity, may appear in the Missouri bar exam, making this case relevant for test preparation.

Practice Pointers
  • Ensure clear documentation of access to copyrighted works in infringement cases.
  • Focus on drawing comparisons between the original and allegedly infringing works to establish substantial similarity.
  • Be aware of specific defenses and case law nuances when asserting fair use in Missouri.

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