EMI April Music, Inc. v. White, 618 F. App'x 848 (9th Cir. 2015)
The case of EMI April Music, Inc. v.
Does the utilization of recognizable elements from a protected musical composition in a subsequent work constitute copyright infringement, despite modifications?
Under copyright law, specifically 17 U.S.C. § 106, the owner of a copyright has the exclusive right to create derivative works. A derivative work must contain sufficient originality independent of the original work. The copyright protection does not extend to unauthorized derivatives that do not introduce original content.
The court held that White's work infringed on EMI's copyrights because the derivative work failed to introduce sufficient originality and retained substantial protected elements of the original composition.
The decision in EMI April Music, Inc. v. White underscores the importance of originality and transformation in creating derivative works. For law students, this case serves as a crucial reference for understanding copyright infringement criteria within the music industry, particularly in light of the evolving landscape of music production and distribution. It illustrates the careful balancing act courts must perform in protecting original works while fostering creativity and innovation.