David BATISTE; Paul Batiste; Michael Batiste, Plaintiffs-Appellants-Cross-Appellees,
v.
ISLAND RECORDS, INC.; Island Records, Ltd.; MCA Music Publishing, A Division of MCA, Inc.; Attrell Cordes, also known as P.M. Dawn, doing business as P.M. Dawn; Wade Featherstone, Individually; Gee Street Records, Inc., Defendants-Appellees-Cross-Appellants, and
Isaac Bolden, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 21, 1999.
June 21, 1999.
Attorney(s) appearing for the Case
Joseph W. Looney, Michael McGrath Duran, Adams & Reese, New Orleans, LA, for Plaintiffs-Appellants-Cross-Appellees.
R. Patrick Vance, Timothy Scott Cragin, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Island Records, Inc., Island Records, Ltd., MCA Music Publishing, Attrell Cordes, Wade Featherstone and Gee Street Records, Inc.
Charles B. Ortner, Sandra A. Crawshaw, Paul, Hastings, Janofsky & Walker, New York City, for Island Records, Inc., Island Records, Ltd., MCA Music Publishing and Gee Street Records, Inc.
Ellis Jay Pailet, New Orleans, LA, for Isaac Bolden.
Before KING, Chief Judge, and REAVLEY and BENAVIDES, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
KING, Chief Judge:
Attrell Cordes, a successful singer and songwriter who performs with his brother under the name "P.M. Dawn," used a digital sample of a musical composition that was originally written and recorded by David, Paul, and Michael Batiste. Cordes included the digital sample in a song on a highly successful album that was released by Island Records, Inc. and Gee Street Records, Inc., and the Batistes seek damages...
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