Grand Upright Music, Ltd. v. Warner Bros. Records Inc.

United States District Court for the Southern District of New York

Grand Upright Music, Ltd v. Warner Bros. Records Inc., 780 F. Supp. 182 (S.D.N.Y. 1991), was a copyright case heard by the United States District Court for the Southern District of New York. The case pitted singer/songwriter Gilbert O'Sullivan against rapper Biz Markie after Biz Markie sampled O'Sullivan's song, "Alone Again (Naturally)". The court ruled that sampling without permission can qualify as copyright infringement. The judgment changed the hip hop music industry, requiring that any future music sampling be preapproved by the original copyright owners to avoid a lawsuit.

Biz Markie, a rapper signed to Warner Bros. Records, had sampled a portion of the music from the song "Alone Again (Naturally)" by singer/songwriter Gilbert O'Sullivan, for use in "Alone Again", a track from Markie's third album, I Need a Haircut. Biz Markie and his production and recording companies were listed as co-defendants with Warner Bros. in the subsequent lawsuit.

Judge Kevin Thomas Duffy granted an injunction against the defendant, Warner Bros. Records, despite Warner Bros.' claim that Grand Upright did not own a valid copyright in the sampled song. Warner Bros. denied that Grand Upright owned the copyright to the song, though Grand Upright produced documentation that O'Sullivan had transferred title to them, and O'Sullivan himself testified to that regard. It also appears that the defendants unsuccessfully urged the court to take note of how common unapproved sampling was in the industry, because the court noted that "the defendants...would have this court believe that stealing is rampant in the music business and, for that reason, their conduct here should be excused."

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