This case, in which the final opinion was just recently issued in the summer of 2005, has proven to be very significant in the worlds of copyright and digital music sampling. The case was initially filed in 2001 by Plaintiffs, Bridgeport Music, against the Defendants, Dimension films, for copyright infringement. They argued that the Defendants used unauthorized samples of music of which they owned the musical composition and sound recording copyrights. The sample in question was from a Funkadelic’s song entitled “Get Off Your Ass and Jam.” Hip-hop group N.W.A had taken a “two-second sample from the guitar solo [that was then] copied, the pitch was lowered, and the copied piece was “looped” and extended to 16 beats” to be included in their new track, “100 Miles.”This song was then included on the soundtrack for the film, “I Got The Hook Up,” which was distributed by Dimension Films.
The case was first brought before the District Court in Tennessee. The Defendants argued that infringement had not occurred, citing “(1) that the sample was not protected by copyright law because it was not “original”; and (2) that the sample was legally insubstantial and therefore does not amount to actionable copying under copyright law.” The Court found that the sampling didnt “rise to the level of a legally cognizable appropriation,” by employing a de minimis analysis.
However, on appeal, the Sixth Circuit Court of Appeals reversed the District Courts decision, ruling that N.W.A’s sample had indeed violated copyright law. They recognized that copyright owners have the exclusive right “to duplicate the sound recording in the form of phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the recording.” The opinion states, "Get a license or do not sample. We do not see this as stifling creativity in any significant way." Consequently, a new bright-line rule was created regarding music sampling: if an artist doesn’t license a recording, then the resulting sample will be considered copyright infringement.
As the most recent and important case in music sampling, the Sixth’s Circuit Court’s final ruling and explanations will be crucial to my paper and analyzing how the law has responded to music sampling.


