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Richard Sybert and Lindsay Hulley, attorneys in Gordon & Rees' Intellectual Property Group, obtained summary judgment in EMI v. Priddis, a copyright infringement matter in Utah. Music publishing giant EMI sued Utah businessman Rick Priddis, whose Priddis Music Co. sells karaoke products, such as cassettes and CDs, by catalogue and over the Internet throughout the country. EMI had sought to impose a synchronization license on karaoke recordings, claiming that the scrolling of song lyrics timed to music fell within the same category. EMI alleged this graphical display of lyrics rendered them "audiovisual works" under the Copyright Act. Therefore, EMI alleged, Priddis was required to obtain a synchronization license for those songs, over and above the compulsory and reprint licenses for the music and lyrics already obtained.
In their brief requesting summary judgment, and in oral argument before the Court, Mr. Sybert and Ms. Hulley argued that "audiovisual works" were distinguished from "literary works" by the Copyright Act, and Priddis had already obtained the mechanical and lyrical licenses from EMI for his songs that traditionally have been required. Additional synchronization licenses, they argued, are required only where music is played in relation to a moving picture or series of pictures, such as a movie, television show, or music video. Scrolling words that changed color on the screen in time with the music were not, they argued, "pictures" that required such a license.
Senior United States District Court Judge Bruce Jenkins, sitting in Salt Lake City, granted Priddis' motion for summary judgment, essentially clarifying copyright law that a "synchronization license" is not necessary for displaying song lyrics with karaoke recordings.
EMI has indicated it plans to appeal the ruling.
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