## Facts

- Grand Upright Music Ltd. held assigned copyrights to the musical composition “Alone Again (Naturally)” and asserted rights tied to the featured master recording performed by Gilbert O’Sullivan.
- Defendants released and distributed Biz Markie’s rap recording “Alone Again” on the album *I Need a Haircut*.
- Defendants admitted the recording used three words from the composition and incorporated a portion of the music taken from the O’Sullivan recording.
- To prove ownership, plaintiff produced copyright registration documents and transfer instruments reflecting chain of title, supported by O’Sullivan’s testimony as author and performer.
- Defendants sought permission to sample the work both before and after release, were denied, and released the recording without a license.
- Plaintiff moved by order to show cause for a preliminary injunction to stop further exploitation of the allegedly infringing recording.

## Issues

1. Whether plaintiff established ownership of valid copyrights in “Alone Again (Naturally)” and related rights in the master recording at issue.
2. Whether defendants’ admitted, unlicensed copying constituted infringement.
3. Whether the equitable requirements for a preliminary injunction were satisfied, and what ancillary relief (including impoundment and criminal referral) was appropriate.

## Decision

- The court found plaintiff proved valid ownership through registration and transfer documents, O’Sullivan’s testimony, and defendants’ licensing efforts evidencing recognition of plaintiff’s rights.
- The court held defendants’ unlicensed sampling constituted copyright infringement and characterized it as knowing and intentional.
- The court granted a preliminary injunction barring further manufacture, distribution, and exploitation of the infringing recording.
- The court ordered defendants to deliver infringing copies and related materials for impoundment.
- The court directed that the opinion be sent to the U.S. Attorney for potential criminal prosecution.

## Legal Principles

- Copying a portion of a copyrighted musical composition and sound recording without authorization can constitute infringement when the copying is admitted and unlicensed.
- Documentary chain-of-title evidence and author testimony can establish copyright ownership for purposes of injunctive relief.
- Efforts to obtain a license, followed by release without permission, may support findings of knowledge and willfulness.
- Alleged industry custom of widespread unlicensed sampling does not excuse infringement or bar injunctive relief.
- A preliminary injunction may issue where plaintiff shows a strong likelihood of success on the merits and ongoing harm from continued distribution of infringing works; courts may also order impoundment to prevent further exploitation.

## Conclusion

The court enjoined further distribution and exploitation of Biz Markie’s recording that sampled “Alone Again (Naturally)” without permission, found the infringement knowing, ordered impoundment of infringing materials, and referred the matter to federal prosecutors for possible criminal action.


Grand Upright Music Ltd. v. Warner Bros. Recs., Inc., 780 F. Supp. 182 (S.D.N.Y. 1991)