An electronic audio capture of a judicial proceeding or court session made to create a verbatim official record.
See Our Sources· 4 primary sources
How its tested
Common Examples
6
Discovery Request For Audio Files
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.
Parody Sound Recording Dispute
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.
Campbell v. Acuff-Rose Music, Inc.510 U.S. 569, 578-585 (1994)
In 1964, Roy Orbison and William Dees wrote a rock ballad called "Oh, Pretty Woman" and assigned their rights in it to respondent Acuff-Rose Music, Inc.
Acuff-Rose registered the song for copyright protection.
Petitioners Luther R. Campbell, Christopher Wongwon, Mark Ross, and David Hobbs, collectively known as 2 Live Crew, wrote a song in 1989 entitled "Pretty Woman," which Campbell described in an affidavit as intended through comical lyrics to satirize the original work. On July 5, 1989, 2 Live Crew's manager informed Acuff-Rose that the group had written a parody of the song, that they would afford all credit for ownership and authorship to Acuff-Rose, Dees, and Orbison, and that they were willing to pay a fee for the use. Enclosed with the letter were a copy of the lyrics and a recording of 2 Live Crew's song. Acuff-Rose's agent refused permission.
In June or July 1989, 2 Live Crew released records, cassette tapes, and compact discs of "Pretty Woman" in a collection of songs entitled "As Clean As They Wanna Be." The albums and compact discs identify the authors of "Pretty Woman" as Orbison and Dees and its publisher as Acuff-Rose. Almost a year later, after nearly a quarter of a million copies of the recording had been sold, Acuff-Rose sued 2 Live Crew and its record company, Luke Skyywalker Records, for copyright infringement.
The District Court granted summary judgment for 2 Live Crew. The Court of Appeals for the Sixth Circuit reversed and remanded. The Supreme Court granted certiorari to determine whether 2 Live Crew's commercial parody could be a fair use.
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.
Sony Corp. of America v. Universal City Studios, Inc.464 U.S. 417, 435 & n.17 (1984)
In 1976, Universal City Studios, Inc., and Walt Disney Productions, owners of copyrights in motion pictures and other audiovisual works, commenced a copyright infringement action in the United States District Court for the Central District of California against Sony Corporation of America and related entities that manufacture and sell Betamax video tape recorders.
The Betamax consists of a tuner that receives signals from the public airwaves, a recorder that places those signals on magnetic tape, and an adapter that converts the signals for playback on a television set. It includes a timer for unattended recording, a pause button to omit commercials, and a fast-forward control. Surveys of several hundred Betamax owners conducted by both parties in 1978 showed that the primary use for most owners was time-shifting, recording a program for single later viewing and then erasing it. Sony's survey indicated that over 80 percent of interviewees watched at least as much regular television as before owning a Betamax.
Seven point three percent of use was to record sports events whose professional leagues had no objection to home recording, and representatives of religious and educational broadcasters also testified they had no objection. After a lengthy trial, the District Court in 1979 denied all relief to the respondents, finding that time-shifting was fair use, that Sony had no direct involvement with any infringing activity, and that the Betamax was a staple article of commerce capable of substantial noninfringing uses. The court noted Sony's instruction booklet warned that unauthorized recording of copyrighted material may violate copyright laws.
The Ninth Circuit in 1981 reversed the District Court's judgment on the copyright claim, holding petitioners liable for contributory infringement without setting aside any findings of fact, and remanded for consideration of damages or a continuing royalty. The Supreme Court granted certiorari in 1982, ordered reargument in 1983, and issued its decision in January 1984.
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.
Chavez v. Martinez538 U.S. 760 (2003)
On November 28, 1997, Oxnard, California police officers Maria Peña and Andrew Salinas stopped respondent Oliverio Martinez on a bicycle while investigating suspected narcotics activity in a residential area. After Martinez complied with orders to dismount and place his hands behind his head, Salinas conducted a patdown and discovered a knife in Martinez's waistband. An altercation followed in which Salinas yelled that Martinez had taken his gun. Peña then shot Martinez multiple times, leaving him permanently blinded and paralyzed from the waist down.
Petitioner Ben Chavez, a patrol supervisor, arrived minutes later with paramedics and accompanied Martinez to the hospital. At the hospital, Chavez questioned Martinez in the emergency room for approximately ten minutes spread over a forty-five-minute period while medical personnel treated his injuries. Martinez initially responded with statements such as "I don't know," "I am dying," and "I am choking," but later admitted taking the officer's gun and using heroin regularly. Martinez also stated at one point, "I am not telling you anything until they treat me," yet Chavez continued the interview. No Miranda warnings were given at any time during the questioning, and a tape recording of the exchange was made.
Martinez was never charged with any crime, and none of his statements were ever used against him in a criminal prosecution. He subsequently filed suit under 42 U.S.C. § 1983 against Chavez. He alleged that the questioning violated his Fifth Amendment right not to be compelled to be a witness against himself and his Fourteenth Amendment substantive due process right to be free from coercive questioning. The District Court granted summary judgment to Martinez on Chavez's qualified immunity defense with respect to both the Fifth and Fourteenth Amendment claims. The Ninth Circuit affirmed the denial of qualified immunity, holding that Chavez's conduct violated Martinez's clearly established constitutional rights. The Supreme Court granted certiorari to review the Ninth Circuit's decision.
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.
Elkins v. United States364 U.S. 206, Appendix, at pages 224-232, 80 S.Ct. 1487, at pages 1448-1453, 4 L.Ed.2d 1669
The petitioners, Elkins and Clark, were indicted in the United States District Court for the District of Oregon for intercepting and divulging telephone communications and conspiracy to do so under 47 U.S.C. §§ 501, 605 and 18 U.S.C. § 371. State law enforcement officers received information that Clark possessed obscene motion pictures and sound recordings. They procured a search warrant based on an affidavit reciting that "upon information and belief" Clark possessed such materials. The officers searched his home, found no obscene pictures, but seized wiretap paraphernalia and a recording machine.
The state officers placed the seized articles in a local bank safe-deposit box. The Multnomah County District Court and later the Circuit Court for Multnomah County held the search warrant invalid and ordered suppression of the evidence. The state grand jury indictment was dismissed. Federal officers then obtained the articles from the bank box pursuant to a federal search warrant.
Before trial in federal court the petitioners moved to suppress the tape and wire recordings and recording machine. The district judge assumed without deciding that the articles had been obtained as the result of an unreasonable search and seizure. He denied the motion because there was no evidence that any agent of the United States had any knowledge or information or suspicion that the search was being contemplated or was made by the state officers until they read about it in the newspaper. The articles were admitted in evidence at trial and the petitioners were convicted.
The Court of Appeals for the Ninth Circuit affirmed the convictions. That court held it unnecessary to determine whether the original state search and seizure had been lawful because there had been no participation by federal officers. The Supreme Court granted certiorari to consider whether evidence obtained by state officers in an unreasonable search and seizure without federal involvement is admissible in a federal criminal trial over timely objection.
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.
Eldred v. Ashcroft537 U.S. 186
In 1998 Congress enacted the Copyright Term Extension Act, which extended the duration of all federal copyrights by twenty years. For works created by identified natural persons the new term runs from creation until seventy years after the author's death. For anonymous works, pseudonymous works, and works made for hire the term is ninety-five years from publication or one hundred twenty years from creation, whichever expires first. The statute applied these extended terms both to copyrights already in existence and to works created after its effective date.
Petitioners are individuals and businesses whose products or services build on copyrighted works that have gone into the public domain. They filed suit in the United States District Court for the District of Columbia seeking a declaration that the extension of existing copyrights exceeded Congress's power under the Copyright Clause and violated the First Amendment. On cross-motions for judgment on the pleadings the district court entered judgment for the Attorney General.
The Court of Appeals for the District of Columbia Circuit affirmed. A majority of the panel upheld the statute against both challenges, while Judge Sentelle dissented in part on the Copyright Clause issue. The Supreme Court granted certiorari to address whether the extension of existing copyrights exceeds Congress's power under the Copyright Clause and whether the extension violates the First Amendment.
How does copyright in a sound recording differ from copyright in the underlying musical work?
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.
What must a party do when sound recordings are stored in formats that are not readily usable during discovery?
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.
Are sound recordings treated differently from other copyrighted works for purposes of fair use analysis?
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.
Can a sound recording of an interrogation be excluded even if it accurately captures the statements made?
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.
464 U.S. 417, 435 & n.17 (1984)
…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…