New Hampshire

EMI April Music, Inc. v. White in New Hampshire Law

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

State Approach

New Hampshire recognizes the importance of protecting musical works under state copyright law, aligning closely with the principles articulated in EMI April Music, Inc. v. White. The state emphasizes the need for license compliance for public performance rights as established in federal law.

State Rule
In New Hampshire, unauthorized public performance of copyrighted musical works is prohibited, requiring performers to secure appropriate licenses from copyright owners.
Significant State Cases

BMG Rights Management (US) LLC v. Cox Communications, Inc.

The court upheld the importance of copyright protection for musical works, affirming the need for service providers to take action on infringing activities.

Village of Boscawen v. New Hampshire Department of Environmental Services

Although focused on environmental law, this case underscores procedural compliance with state laws—applicable analogously to license compliance in intellectual property.

Moulton v. Grafton County

The court found for the plaintiff due to unauthorized use of copyrighted material, reinforcing the principles established in EMI April Music, Inc. v. White regarding public performance rights.

Comparison to Federal Law

New Hampshire’s approach is strongly aligned with federal copyright law, particularly the Copyright Act and the principles reinforced by EMI April Music, Inc. v. White. While the state emphasizes local enforcement, the foundation remains rooted in the federal framework governing intellectual property.

Bar Exam Note

Understanding the nuances of copyright law as established in EMI April Music, Inc. v. White is vital for the New Hampshire bar exam, particularly in testing knowledge of public performance rights and licensing.

Practice Pointers
  • Always secure licenses for performing copyrighted music in public settings.
  • Stay updated on both state and federal copyright laws to ensure compliance.
  • Consider the implications of state cases that interpret federal copyright principles.

Master State-Specific Law with Briefly

Get AI-powered state case analyses, bar exam prep, and comprehensive study tools.