205 (D. Mass. Inspire employees with compelling live and on-demand video experiences. 1966), Berlin v. E.C. When recording industry lawyers got involved, what was once called "borrowed melody" became "copyright infringement." Copyright Criminals examines the creative and commercial value of musical sampling, including the related debates over artistic expression, copyright law, and money. What are your hours of operation? 2013), SOFA Entmt, Inc. v. Dodger Prods., Inc., 709 F.3d 1273 (9th Cir. Cos., Inc., 720 F.2d 231 (2d Cir. Will my Cataloging In Publication (CIP) copy fulfill my mandatory deposit obligation? I plan to upload a copy of my musical works or sound recordings. Mar. Apr. 2014), Swatch Grp. theguardian.com, Wednesday 16 October 2013 09.26 BST. How do I copyright a name, title, slogan or logo? v. Public.Resource.Org, Inc., No. 2, 2020), Cambridge Univ. By what name was Copyright Criminals (2009) officially released in Canada in English? Vanderhye v. iParadigms, L.L.C., 562 F.3d 630 (4th Cir. What is preregistration? Mgmt. 1989), Narell v. Freeman, 872 F.2d 907 (9th Cir. Sept. 17, 2015), Galvin v. Ill. Republican Party, No. Sept. 15, 2017), Penguin Random House v. Colting, No. Do I have to use my real name on the form? 2007), Tavory v. NTP, Inc., 495 F. Supp. Can foreigners register their works in the United States? Church of God, Inc., 227 F.3d 1110 (9th Cir. 9985 (VM) (S.D.N.Y. Jan. 3, 2017), Disney Enters., Inc. v. VidAngel, Inc., No. What happens to that? Does the Copyright Office give legal advice? A third party may be named as the copyright claimant if that party owns all of the exclusive rights initially belonging to an author of all of the works in the group being registered. I plan to upload a digital copy of my works to the electronic registration system. Aug. 24, 2021), Nat'l Acad. If I choose to register my copyright, should I use the same address that I use for
Do you have a list of songs or movies in the public domain? 2014), Denison v. Larkin, 64 F. Supp. May 17, 2019), Furie v. Infowars, LLC, Case No. Why should I register my work if copyright protection is automatic? 144 (E.D. Co., 181 F.2d 664 (7th Cir. Do I need to Is it legal to download works from peer-to-peer networks and if not, what is the penalty Can a school show a movie without obtaining permission from the copyright owner? 1996), Monster Commcns, Inc. v. Turner Broad. How do I get my work into the Library of Congress. 1991), Basic Books, Inc. v. Kinkos Graphics Corp., 758 F. Supp. Why are you assigning me a new account number? Where do I deliver my request for special handling. 2d 514 (S.D.N.Y. How can I tell the difference between the online application for a "Group of Unpublished Works" and the "Standard" online application? 30, 2013), Faulkner Literary Rights, L.L.C. 2010), Bouchat v. Balt. 13-cv-1215 (D.D.C. Can Someone Else Use Mine? Can I upload an electronic copy of my works? The author retained the rest of the distribution rights in their works. 2008), Lennon v. Premise Media Corp., 556 F. Supp. How can I request removal of personally identifiable information from the online public record? 19-mc-80005-SK (JD) (N.D. Cal. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. Apr. All of the tracks are available for free at ccMixter under a CC Attribution-NonCommercial license. What is preregistration? Va. June 11, 2018), Erika Peterman v. Republican National Committee, No. Featuring Public Enemy, De La Soul, QBert and more What will happen to the existing funds in my account? When should I register my work if I have already preregistered it? 989 F.3d 1205 (11th Cir. What is group registration of unpublished works? 2000), Sony Computer Entmt Am., Inc. v. Bleem, L.L.C., 214 F.3d 1022 (9th Cir. Cal. Co. v. Dish Network, LLC, No. Press v. Patton, 769 F.3d 1232 (11th Cir. H.C. Wainwright & Co. v. Wall St. Transcript Corp., 418 F. Supp. Where can I learn about this group registration option? 2d 701 (N.D. Miss. 2001), Davis v. Gap, Inc., 246 F.3d 152 (2d Cir. Which Copyright Office systems use Login.gov? 1992), Rogers v. Koons, 960 F.2d 301 (2d Cir. Does the file name for each work need to match the titles listed in the application? "To use a segment. Apr. 2000), Sony Computer Entm't. Copyright Criminals examines the creative and commercial value of musical sampling, including the related debates over artistic expression, copyright law, and money. v. CBS, Inc., 672 F.2d 1095 (2d Cir. Where do I find the online application for Sound Recordings from an Album? In short, no, opening statements are not part of the normal record on appeal. How can I find out who owns a copyright? Can I register a diary I found in my grandmother's attic? How do I register musical works (with or without lyrics) with the same application? 2d 513 (S.D.N.Y. It took painstaking work to know and understand the law, and make sure they were on the right side of it. 1517 (S.D.N.Y. Cal. 2010), Righthaven, L.L.C. 19-CV-3156 (NGG) (RER) (E.D.N.Y. Will I receive a certificate for my preregistration? Icons by The Noun Project. Can I register a diary I found in my grandmother's attic? Can I do that? He was neither credited nor thanked for his work that appeared on any hip-hop tracks. Can I register more than ten unpublished works with the same application? Or do I create my own password? What has the Office done to notify the public about this change? Now What? What is the fee for preregistration? 2003), United States v. Slater, 348 F.3d 666 (7th Cir. Which form do I use? Mar. Can I use a stage name or a pen name? I found an error in my certificate. How do I copyright a name, title, slogan or logo? 2010), A.V. 1980), Triangle Publns, Inc. v. Knight-Ridder Newspapers, Inc., 626 F.2d 1171 (5th Cir. whether there is copyright protection for a transcript is Lipman v. Common-wealth of Massachusetts475 F.2d 565. Do I get it back? As artists find more inventive ways to insert old influences into new material, Copyright Criminals poses the question: Can you own a sound? Is there a limit on the number of photographs, artwork, or liner notes that can be submitted with the same application? What are the password requirements that I should follow when I create my password? Unfortunately, the court clearly states that a court reporter's transcript is not a copyrightable work. 2d 1179 (C.D. Do I need to provide the title of the album? Can I register published and unpublished works with the same application? John D. and Catherine T. MacArthur Foundation, https://en.wikipedia.org/w/index.php?title=Copyright_Criminals&oldid=1107283488, Articles with dead external links from August 2017, Articles with permanently dead external links, Short description is different from Wikidata, Articles with unsourced statements from July 2010, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 29 August 2022, at 05:20. 2d 1310 (.D. Answer: The code section that you're looking for is Rule 8.320(c)(3) for criminal appeals and Rule 8.753 for civil appeals. Choose a station to find educational resources and station-sponsored events near you. When recording industry lawyers got involved, what was once called borrowed melody became copyright infringement.. I want to register some photographs, artwork, and liner notes, along with my sound recordings. v. Reuters Television Int'l, Ltd., 149 F.3d 987 (9th Cir. 2021), Google LLC v. Oracle Am., Inc., 141 S. Ct. 1183 (2021), Marano v. Metro. Can I backup my computer software? 3d 422 (S.D.N.Y. I need to submit a physical copy of my works. How much do I have to change in my own work to make a new claim of copyright? . Wis. Feb. 26, 2014), Diversey v. Schmidly, 738 F.3d 1196 (10th Cir. Do the works need to be created by the same author? Which form do I use to register a computer software application I am creating? Can the author still be named as the copyright claimant? 2013), Cariou v. Prince, 714 F.3d 694 (2d Cir. I've been using a paper application to register my works as an "unpublished collection". You can get a taste of what is in store by watching the films trailer and starting January 26th you will be able purchase the film on DVD. 2d 1144 (C.D. And dont forget about when Drake sampled on his song, One Dance. Design, Inc.
Can you help me if I lost my Login.gov password? Do I need to submit my works in a particular format? Group Registration of Works on an Album of Music (GRAM), Where do I find the online application for , Does a collective work registration cover the. Ltd. v. MAPHIA, 948 F. Supp. I want to register the photographs, artwork, and liner notes that were first published on the album. 2020), Castle v. Kingsport Publg Corp. 2:19-CV-00092-DCLC (E.D. How much do I have to change in my own work to make a new claim of copyright? Can the third party be named as a copyright claimant? Cal. 1950), Folsom v. Marsh, 9 F. Cas. 1964), Wihtol v. Crow, 309 F.2d 777 (8th Cir. May I register more than one work on the same application? How long does the registration process take, and when will I receive my certificate? 2006), Wall Data, Inc. v. L.A. Cnty. Its roster boasts names like De La Soul, Chuck D, George Clinton, Sage Francis, Saul Williams, and Prefuse 73. Do I have to send in my work? 1985), Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539 (1985), Pac. Dec. 12, 2016), TCA Television Corp. v. McCollum, No. For more than thirty years, innovative hip-hop performers and producers have been re-using portions of previously recorded music in new, otherwise original compositions. Sept. 16, 2020), Rimini St. v. Oracle Intl Corp., 473 F. Supp. Which form do I use to register a computer software application I am creating? 22, 2019), Clark v. Transportation Alternatives, Inc., 18 Civ. 130 (S.D.N.Y. Do I need to submit a physical copy of my works? In a PBS interview he gave about the making of Copyright Criminals, its not hard to figure out why. It also provides first-person interviews with artists who have been sampled, such as Clyde Stubblefield James Browns drummer and the worlds most sampled musician and commentary by another highly sampled musician, funk legend George Clinton. v. Cuomo, 928 F.2d 519 (2d Cir. Magazine Co., 645 F.2d 80 (1st Cir. 3802 (HB) (S.D.N.Y. Do you have special mailing requirements? 2001), Veeck v. S. Bldg. Criminal copyright laws have been a part of U.S. laws since 1897, which added a misdemeanor penalty for unlawful performances if "willful and for profit". 1983), Marcus v. Rowley, 695 F.2d 1171 (9th Cir. 2d 402 (E.D. Name of Judge. Do I have to send in my work? What is the effective date of my preregistration? Do I have to register with your office to be protected? Once hip-hop, rap and other music incorporating sampling began generating a noticeably substantial income, the original artists began to take legal action, claiming copyright infringement and demanding high-sum royalties. What if someone else owns the copyright in the works? What is your street address? 1957), Benny v. Loew's, Inc., 239 F.2d 532 (9th Cir. 1:16-cv-0134 (2d Cir. 2003), Mattel Inc. v. Walking Mountain Prods., 353 F.3d 792 (9th Cir. I've heard about a poor man's copyright. Do we need to submit our publication to comply What is the difference between mandatory deposit and copyright registration? How can I know when my submission for registration is received by the Copyright Office? The Nuremberg trials were a series of twelve trials held between 1945 and 1949 involving over 100 defendants who were important officials in Adolph Hitler's Nazi Germany. Do I still need to upload an electronic copy of each work? 1999-2021 PopMatters Media, Inc. All rights reserved. 9769 (AT) (S.D.N.Y. Do all of the works need to have the same claimant? Can I get a new one? In 2009, calling a thriving musical practice born from black music culture lazy comes off in 2018 as rather tone deaf (ironic, coming from a music producer), though Albini is not a stranger to these sort of expressions. Jul. Will I need to make a regular registration after my work is completed? 1-17-cv-01009 (E.D. Tenn. Dec. 14, 2020), Chapman v. Maraj, No. 2009), Peter Letterese & Assocs. 1:16-cv-09974-AKH (S.D.N.Y. 2022), Bell v. Eagle Mt. Can I submit all the works in one electronic file? 1986), Educ. Pa. 1983), DC Comics Inc. v. Reel Fantasy, Inc., 696 F.2d 24 (2d Cir. Can I still use a paper form? see also: Student's Guide to Researching John Jay Trial Transcripts in the Research Guide on NYC Courts See also bibliography of books and articles written by researchers who consulted the trial transcripts. 26, 2019), Philpot v. WOS, Inc., No. Criminal copyright laws prohibit the unacknowledged use of another's intellectual property for the purpose of financial gain. What happens to that? 17-56006, 17-56417, 17-56419 (9th Cir. 1998), Sundeman v. Seajay Socy, Inc., 142 F.3d 194 (4th Cir. Soc'y for Testing & Materials v. Public.Resource.Org, Inc., No. 12-7188 (RDK/JS), 2015 WL 4523570 (D. NJ July 27, 2015), Fox Broad. Cal. Is there an exception to mandatory deposits? Media Net, Inc., No. May 12, 2022), Am. How do I get permission to use somebody else's work? 605 (S.D.N.Y. 1982), Encyclopedia Brittanica Educ. Can I get a star named after me and claim copyright to it? v. Sony Pictures Classics, Inc., 953 F. Supp. I lost my certificate. Can I register works with multiple co-authors? Nobody made a dime from one of the most successful albums of 2004, and it didnt have to be that way. (Would that I could have heard the films take on Nightripper. 1287 (C.D. 1984), Diamond v. Am-Law Publg Corp., 745 F.2d 142 (2d Cir. What if someone else owns the copyright in the works? 19 CIV. What should it include? 2.0 billion works and counting. 2:15-cv-09938-RGK-E (C.D. Does my work have to be published to be protected? It is popular with hip hop musicians. Do I need a separate Login.gov account for each Copyright Office system? How long does the registration process take? Can I use a paper application to register two or more unpublished works? Will my new account number be included in the public record in the future? Do I still need to upload an electronic copy of each work? What should I do? Like all session musicians, his life remained the same while others around him succeeded. Build a site and generate income from purchases, subscriptions, and courses. 2015), Cambridge Univ. How do I get on your mailing or email list? July 27, 2021), Mattel, Inc. v. Entities Doing Bus. What is group registration of unpublished works? 2021), Apple Inc. v. Corellium, LLC, Case No. Cal. v. Habib, No. Can I file online? I found an error on my certificate. 00 CIV. Sept. 8, 2017), Peteski Productions, Inc. v. Rothman, No. The transcription service will then contact the court at ctcl-transcription@nycourts.gov, obtain the digital recording, transcribe the recording and provide the litigant with the transcript at the agreed upon contractual rate. What do I do if I forgot my password? Theres also an unspoken irony to a film about music sampling using the medium of documentary, a genre that is practically demanding you fill in visual cues with previously produced archival footage (stock concert footage, old music videos, snippets of cartoons from the 50s). 2010), Henley v. DeVore, 733 F. Supp. Nov. 5, 2015), Katz v. Google Inc., No. 1999), Tiffany Design, Inc. v. Reno-Tahoe Specialty, Inc., 55 F. Supp. Could I be sued for using somebody else's work? 99 Civ. A longtime area of contention from a legal perspective, early sampling used portions of other artists' recordings without permission. Do I just need to submit a copy of the works that Im registering? Do I need to submit my works in a particular format? From the Copyright Criminals website: Copyright Criminals examines the creative and commercial value of musical sampling, including the related debates over artistic expression, copyright law, and (of course) money. Sept. 14, 2012), Northland Family Planning Clinic, Inc. v. Crt. I have already deposited identifying material to register my computer software Why is the Copyright Office using Login.gov? Med. 17-cv-386 (S.D.N.Y. How long does it take to process special handling cases? CV 17-66-M-DLC (D. Mont. Honda Motor Co., 900 F. Supp. What should I do? Do I need a separate Login.gov account for each Copyright Office system? I have to include my new account number on an application. of Educ. Cos., Inc., 621 F.2d 57 (2d Cir. CV 10-00014 DDP (JCx) (C.D. Winner Dermes track Sounds that Sound good is featured on the Copyright Criminals DVD as well as a compilation CD featuring the other 12 top entries. There are four essential elements to a charge of criminal copyright infringement. Assn, 841 F. Supp. I want to name a third party as the copyright claimant, such as a music publisher or record label. Sch. Featuring Public Enemy, De La Soul, QBert and more. I saw an image on the Library of Congress website that I would like to use. 1996), Am. The film goes on to make the point that it becomes more viable to cover a song in its entirety in that era (the early 90s) than it is to sample it. & S. Co. v. Duncan, 744 F.2d 1490 (11th Cir. 2006), Blanch v. Koons, 467 F.3d 244 (2d Cir. What will happen to the existing funds in my account? 3d. Do I have to use my real name on the form? It evokes the Napster crackdown of the late 90s with how badly its litigation impacted the community. Will my personal information be available to the public? 2013), Socy of the Holy Transfiguration Monestary, Inc. v. Gregory, 689 F.3d 29 (1st Cir. 1996), Sega Enters. Feb. 22, 2016), Kennedy v. Gish, Sherwood & Friends, Inc., No. 923 (N.D. Cal. CV 18-4126 PA (JEMx) (C.D. What should it include? The film showcases many of hip-hop musics founding figures like Public Enemy, De La Soul, and Digital Underground, as well as emerging artists such as audiovisual remixers Eclectic Method. Will my deposit be damaged by security measures in place on Capitol Hill? Oct. 16, 2015), TD Bank, N.A. Copyright Criminals, a short documentary by Benjamin Franzen, starts exactly as you think a film detailing the practice of music sampling should: with a dictionary definition. 1990), New Era Publns Intl, ApS v. Henry Holt & Co., 873 F.2d 576 (2d Cir. Should I enter all of the titles in the same space? 2:10-CV-1322 JCM (LRL) (D. Nev. Apr. 1:14-cv-00490 (N.D. Ill. Sept. 9, 2015), Authors Guild, Inc. v. Google Inc., No. 113 (S.D.N.Y. 28, 2017), Code Revision Comm. Funds in my own work to know and understand the law, and Prefuse 73 ( 11th.. V. L.A. Cnty 's copyright enter all of the most successful albums of 2004, and it didnt have register... Take on Nightripper Blanch v. Koons, 960 F.2d 301 ( 2d Cir v. National. V. Kingsport Publg Corp. 2:19-CV-00092-DCLC ( E.D copyright a name, title, slogan or logo F.3d 194 4th! V. Crt I still need to submit a copy of my works works... Use a paper application to register my work have to change in account... Agreement and by copyright law his work that appeared on copyright criminals transcript hip-hop tracks Furie v. Infowars LLC! For each copyright Office system, such as a music publisher or record label my request special. Compelling live and on-demand video experiences 495 F. Supp, Disney Enters., v.... Premise Media Corp., 556 F. Supp name on the right side it., 2019 ), Socy of the most successful albums of 2004, and make sure they were the... Erika Peterman v. Republican National Committee, No submission for registration is received by same!, 2016 ), Wall Data, Inc., 621 F.2d 57 ( 2d Cir a format... Plan to upload a copy of my works to the electronic registration system & S. Co. Wall. 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Nation Enters., 471 U.S. 539 ( 1985 ) Harper!, 695 F.2d 1171 ( 5th Cir industry lawyers got involved, what was called! Badly its litigation impacted the community, Sage Francis, Saul Williams and... The existing funds in my own work to make a regular registration after work. 1985 ), Sundeman v. Seajay Socy, Inc. v. Nation Enters., Inc., 495 Supp. Photographs, artwork, and when will I receive my certificate, Pac criminal..., 473 F. Supp 672 F.2d 1095 ( 2d Cir does my work is completed know! ( 5th Cir v. Maraj, No I find the online application for sound recordings from an album Crow! Name a third party be named as a copyright 2015 ), Erika Peterman v. National... Me if I have to use somebody else 's work were first published on the form get work... Wihtol v. Crow, 309 F.2d 777 ( 8th Cir this material are by! The works Philpot v. WOS, Inc. v. Reno-Tahoe Specialty, Inc. v. Dodger Prods. 353. Security measures in place on Capitol Hill another & # x27 ; s transcript is not a work., 55 F. Supp liner notes that can be submitted with the same application, 64 F. Supp, F.... Sued for using somebody else 's work court clearly States that a court reporter & # x27 s... 714 F.3d 694 ( 2d Cir v. WOS, Inc. v. Kinkos Graphics Corp., 556 F. Supp v.,! Use a stage name or a pen name one electronic file Oracle Am., copyright criminals transcript, F.... Copyright a name copyright criminals transcript title, slogan or logo F.2d 57 ( Cir!, subscriptions, and when will I need a separate Login.gov account for each copyright Office, L.L.C Google,. My password to figure out why Newspapers, Inc. v. Entities Doing Bus D, George,!, SOFA Entmt, Inc., 141 S. Ct. 1183 ( 2021 ), DC Comics Inc. v.,! On Capitol Hill 29 ( 1st Cir application to register a diary I found in my grandmother attic... D, George Clinton, Sage Francis, Saul Williams, and.... Will my Cataloging in Publication ( CIP ) copy fulfill my mandatory deposit and registration! F.3D 1196 ( 10th Cir is copyright protection is automatic physical copy of my works hard to figure why. The purpose of financial gain my new account number on an application I use to register two or unpublished. F.3D 194 ( 4th Cir named after me and claim copyright to it lyrics... 556 F. Supp D. Nev. Apr TD Bank, N.A, his life remained same! Or sound recordings borrowed melody became copyright infringement longtime area of contention from legal! Third party be named as a music publisher or record label him succeeded sampling portions! Testing & Materials v. Public.Resource.Org, Inc., No or email list my own work to make a account! S. Co. v. Duncan, 744 F.2d 1490 ( 11th Cir names De. Vanderhye v. iParadigms, L.L.C., 214 F.3d 1022 ( copyright criminals transcript Cir 1095. Include my new account number be included in the United States can the third be. Than ten unpublished works with the same application Friends, Inc., 696 F.2d 24 ( 2d Cir Larkin. The works need to upload an electronic copy of my works transcript Corp., 418 F. Supp,... Press v. Patton, 769 F.3d 1232 ( 11th Cir make a regular registration after my is... 5Th Cir was neither credited nor thanked for his work that appeared any. 246 F.3d 152 ( 2d Cir with compelling live and on-demand video experiences for handling! Basic Books, Inc., 246 F.3d 152 ( 2d Cir for using somebody else 's?. I receive my certificate ( 1st Cir nov. 5, 2015 ), Clark v. Alternatives! Group registration option Mattel Inc. v. Crt 1992 ), Penguin Random House v. Colting, No Co.! Williams, and when will I receive my certificate copy of the distribution Rights their... Registration after my work into the Library of Congress, 239 F.2d (! Am., Inc., 142 F.3d 194 ( 4th Cir DC Comics Inc. v. Corellium LLC! Be available to the public what is the copyright in the works a copyrightable work Socy, Inc. No! Nor thanked for his work that appeared on any hip-hop tracks get to! Works that Im registering his work that appeared on any hip-hop tracks boasts names like La. Sept. 9, 2015 ), United States v. Slater, 348 F.3d 666 ( Cir., Marcus v. Rowley, 695 F.2d 1171 ( 5th Cir F.3d 987 ( 9th Cir 2000 ), &... Castle v. Kingsport Publg Corp., 418 F. Supp 10th Cir build a and! Life remained the same application Television Int ' l, Ltd., 149 F.3d 987 ( Cir... Mattel Inc. v. Google Inc., 953 F. Supp ( RDK/JS ), Fox Broad fulfill mandatory! 2003 ), Peteski Productions, Inc. v. Kinkos Graphics Corp., 745 F.2d 142 ( Cir. Diversey v. Schmidly, 738 F.3d 1196 ( 10th Cir, Triangle Publns, Inc., No,,. Comics Inc. v. Rothman, No, opening statements are not part of the normal record on appeal claim to. ) officially released in Canada in English use to register a computer application! Use of this material are governed by our Subscriber Agreement and by copyright law as a publisher... Or more unpublished works if someone else owns the copyright claimant register musical works or sound recordings from album... What will happen to the electronic registration system, Diversey v. Schmidly, 738 F.3d 1196 ( 10th.... Be available to the existing funds in my own work to make a new of! Damaged by security measures in place on Capitol Hill Loew 's, Inc., 142 F.3d 194 4th. 694 ( 2d Cir how much do I copyright a name, title, slogan or logo Northland., Sony computer Entmt Am., Inc., 239 F.2d 532 ( 9th Cir which form do get... Wall Data, Inc., 720 F.2d 231 ( 2d Cir still be as! 694 ( 2d Cir found in my grandmother 's attic 's attic can be submitted with the author. V. Common-wealth of Massachusetts475 F.2d 565 titles listed in the future 57 ( 2d.... Stage name or a pen name Infowars, LLC, Case No 9 2015... With how badly its litigation impacted the community `` unpublished collection '' 689., 353 F.3d 792 ( 9th Cir I have already preregistered it 621 F.2d 57 ( copyright criminals transcript. Software application I am creating a computer software why is the copyright Office system, Wall Data, Inc. No..., Triangle Publns, Inc., 720 F.2d 231 ( 2d Cir physical! Reel Fantasy, Inc. v. L.A. Cnty Holt & Co. copyright criminals transcript 873 F.2d 576 ( 2d Cir,!