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SAREGAMA INDIA LTD. v. MOSLEY

No. 10-10626.

635 F.3d 1284 (2011)

SAREGAMA INDIA LTD., Plaintiff-Appellant, v. Timothy MOSLEY, a.k.a. Timbaland, Aftermath Entertainment, G Unit Records, Inc., name amended per DE # 66 Amended Complaint, Interscope Records, Universal Music Group, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 25, 2011.

Attorney(s) appearing for the Case

Bruce S. Rogow , Bruce S. Rogow , PA, Michael I. Santucci , Santucci, Priore & Long, LLP, Ft. Lauderdale, FL, for Plaintiff-Appellant.

Jonathan L. Gaines , Karen L. Stetson , Gray Robinson , PA, Miami, FL, Andrew Harrison Bart , Carletta F. Higginson , Jenner & Block, LLP, New York City, for Defendants-Appellees.

Before BARKETT and MARCUS, Circuit Judges, and RESTANI, Judge.

MARCUS, Circuit Judge:

This case concerns a copyright infringement action brought by Saregama India Ltd. ("Saregama") against the Defendants for copying, or digitally sampling, a portion of the Indian song, "Baghor Mein Bahar Hai" ("BMBH"), in the hip-hop song, "Put You on the Game" ("PYOG"). Saregama, an Indian music production and distribution company, claims that it owns a copyright in the sound recording of BMBH pursuant to a 1967 agreement (the "Agreement") between...

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