Also known as: sound recordings
Written by attorneys · grounded in primary & secondary sources — see below
An electronic audio capture of a judicial proceeding or court session made to create a verbatim official record.
Spencer Silver served a document request on Sierra Solutions seeking production of customer call center recordings stored in legacy backup systems. Sierra Solutions maintained that the fragmented files could not be produced without extensive IT work. The court ordered Sierra Solutions to translate the sound recordings into a reasonably usable electronic format because the responding party bears the duty to make discoverable information accessible.
Sabrina Shah released a parody version of a popular song that altered the lyrics and performance style of the original sound recording. The copyright owner of the underlying musical work sued for infringement. The court examined whether the new sound recording qualified as fair use by weighing the transformative purpose against the commercial nature of the release.
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Sophia Singh used a home device to record television programs that contained protected sound recordings. The copyright owners of the audiovisual works sued the device manufacturer. The court considered whether the manufacturer could be held contributorily liable when consumers made noncommercial copies for time-shifting purposes.
Santiago Sanchez was questioned while in severe pain after an incident. Officers created a sound recording of the exchange. The court evaluated whether the recording could be used to determine if the questioning violated due process protections against conscience-shocking conduct.
Sebastian Santos possessed sound recordings that state officers seized during a search later found invalid. Federal prosecutors sought to introduce the recordings in a separate federal proceeding. The court addressed whether the exclusionary rule barred use of the evidence obtained through the unlawful state search.
Sierra Santos inherited rights in pre-1972 sound recordings whose federal protection had been restored. She challenged the length of the restored term under the constitutional limited-times requirement. The court upheld the extension as consistent with Congress's authority to grant copyright protection for limited periods.
A sound recording captures a specific performance of sounds. The musical work consists of the composition itself. Separate copyrights exist in each, and they are usually owned by different parties such as a record company and a music publisher.
The responding party must translate the recordings into a reasonably usable form if the requesting party cannot obtain the information directly. The obligation rests on the party in possession or control of the data.
Sound recordings receive the same fair use analysis as other works. Courts weigh the four statutory factors, including whether the new recording is transformative and the amount used from the original performance.
A sound recording may be excluded if the interrogation methods violated due process by shocking the conscience or coercing the speaker. The content of the recording itself can demonstrate whether constitutional limits were exceeded.
…not duplicate. Ante , at 430, n. 11. That amendment, however, was addressed to the specific problem of commercial piracy of sound recordings. Act of Oct. 15, 1971, 85 Stat. 391 (1971 Amendment). The House Report on the 1971 Amendment, in a section entitled "Home Recording," contains the following statement: "In approving the…