Johnson v. Hill (7th Cir. June 1, 2011)
Johnson v. Hill (7th Cir. June 1, 2011)
1
The song is available at: http://www.youtube.com/watch?v=
zKfZYgHm8So (last visited May 17, 2011).
2
The members of Cypress Hill—Lawrence Muggerud, Senen
Reyes, and Louis Freese—are also named defendants. We will
refer to the defendants collectively as Cypress Hill.
3
The track in question is titled, “Interlude” on some copies of
“Black Sunday” and “Lock Down” on others. The tracks are
identical. “Interlude” is available at: http://www.youtube.com/
watch?v=aADH4148iQo (last visited May 17, 2011).
Nos. 08-3810, 09-2213 & 10-1733 3
4
In March 2004, Cypress Hill did reach an agreement with
Sunlight Records, Inc. (owned by Peter Wright, the co-owner
of Twinight Records) which claimed that it was the holder of
all rights in the Song. The deal for the license was roughly
$25,000 and released Cypress Hill and its licensees from all
past, present, and future claims related to Cypress Hill’s use
of the Song in “Interlude.”
5
A “sound recording” copyright protects rights in a specific
recording of a musical work. A sound recording copyright is
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4 Nos. 08-3810, 09-2213 & 10-1733
5
(...continued)
distinct from a “composition” copyright, which protects
rights in the underlying work, i.e., the music and, if applicable,
lyrics. 17 U.S.C. § 102(a)(2), (7).
Nos. 08-3810, 09-2213 & 10-1733 5
6-1-11