February 28, 2014

Publisher Not Liable For Contributory Liability In Sampling Case Because Lacked Knowledge

Prior v. Warner/Chappel, No. 13-4344 (C.D. Cal. Feb. 20, 2014).

The court dismissed plaintiff's contributory copyright infringement claim against defendant music publisher because the complaint failed to allege the defendant "knew or had reason to know that [the song] included an unauthorized, infringing sample...".  Moreover, the complaint failed to plausibly allege how the defendant knew that the directly infringing defendants would infringe as a result of the publisher's licensing of the song.