@article{41988,
      author = {Mauceri, Jessica},
      url = {http://tind.wipo.int/record/41988},
      title = {Why the Bridgeport Rule for Infringement of Sound  Recordings in no Longer "Vogue"},
      abstract = {This Note will analyze the newly created circuit split  between the Sixth  and  Ninth Circuit Courts,  in  the   respective  cases  of Bridgeport Music v. Dimension Films  and VMG Salsoul v. Ciccone. The 2016 VMG Salsoul  v.   Ciccone ruling  is  the  red  flare  coming  from  a   sinking  ship, signaling to both Congress and the Supreme  Court of the United States that sampling is a serious  concern facing copyright law that is not going to  disappear. Part I provides an overview of the relevant  portions of the Copyright Act, including the substantial  similarity argument and the de minimis  defense  in   copyright  infringement  cases.  Part  II  provides  an  analysis of the Bridgeport Music decision and the reasoning  behind the Sixth Circuit’s departure from traditional  music copyright law with the implementation of its bright  line ruling. Part III explores what happened in  the  music   industry  and  within  the  court  system  as  a  result   of  the Bridgeport decision.Part  IV  analyzes the VMG   Salsoul case,  with  a focus  on  the  Ninth  Circuit’s   opinion  and  its  role  in  taking  a  stand against  the  Bridgeport  Music decision.  Finally,  Part  V  discusses  the implications  of  the  circuit  split  that  the  Ninth   Circuit  created,  and  why this court became the first of  the circuit courts to finally outright reject Bridgeport,  when no other court had done so in the past. This Part also  proposes a  solution  to  the  circuit  split  created   between  the  Sixth  and Ninth  Circuits, arguing for  a   new  bright  line  rule  that  embraces  the benefits of  the promotion of music sampling.},
      recid = {41988},
      pages = {32 pages},
}