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BRIDGEPORT MUSIC, INC. v. DIAMOND TIME, LTD.

Nos. 03-5003, 03-5656.

371 F.3d 883 (2004)

BRIDGEPORT MUSIC, INC.; Westbound Records, Inc., Plaintiffs-Appellants, Southfield Music, Inc.; Nine Records, Inc., Plaintiffs, v. DIAMOND TIME, LTD., Defendant-Appellee, Irving Lorenzo, d/b/a DJ Irv Music; TVT Music, Inc.; TVT Records, Inc., a/k/a Tee Vee Toons, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 18, 2004.

Attorney(s) appearing for the Case

Richard S. Busch (argued and briefed), D'Lesli M. Davis (briefed), Jeannine Huber, King & Ballow, Nashville, TN, for Plaintiffs-Appellants in Nos. 03-5003, 03-5656.

R. Horton Frank III (argued and briefed), Stewart, Estes & Donnell, Nashville, TN, for Defendants-Appellees in Nos. 03-5003, 03-5656.

Before: GUY and GILMAN, Circuit Judges; BARZILAY, Judge.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiffs, Bridgeport Music, Inc., and Westbound Records, Inc., appeal from the decision granting summary judgment to defendant Diamond Time, Ltd., a copyright clearance company, on their claims of common law negligence and copyright infringement involving the use of samples in the rap release "4 My Click." Plaintiffs argue that the district court erred both in finding these claims were barred by the applicable...

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