## Facts

- Karriem Al-Amin Shabazz operated a home-based business reproducing and distributing unauthorized eight-track and cassette tapes of popular music sound recordings.
- Pirated tapes duplicated the sound recordings but did not replicate legitimate packaging or cover art.
- Shabazz acquired duplicating equipment, large quantities of blank tapes, and printed labels listing artists and songs.
- He employed three workers who filled work orders, duplicated selected recordings with high-speed equipment, checked quality, and packaged tapes for sale.
- Federal agents executed a search warrant at Shabazz’s home and automobile and seized duplicating equipment, blank and legitimate tapes, preprinted labels, and business records.
- Shabazz was convicted in federal district court of criminal copyright infringement and moved for judgment of acquittal for insufficient evidence; the motion was denied.

## Issues

1. Whether the evidence was sufficient to prove infringement of validly copyrighted sound recordings, including whether the government adequately authenticated the legitimate exemplars used for comparison.
2. Whether the evidence was sufficient to prove the infringement was committed for purposes of commercial advantage or private financial gain.

## Decision

- The Eleventh Circuit affirmed the conviction and the denial of the motion for judgment of acquittal.
- The court held the government presented sufficient evidence that the seized tapes were unauthorized copies of copyrighted sound recordings.
- The court held the government presented sufficient evidence that the operation was conducted for commercial advantage or private financial gain.

## Legal Principles

- In a criminal copyright prosecution, the government is not required to compare alleged infringing copies to the specific duplicate deposited with the Copyright Office if it otherwise proves that trial exemplars are accurate and authentic representations of the copyrighted works.
- Authentication and accuracy of exemplars may be established through testimony from representatives of copyright owners describing the recording/duplication process and the origin of legitimate duplicates used for comparison.
- The “commercial advantage or private financial gain” element may be proven by circumstantial evidence showing a structured sales operation, including investment in equipment and materials, employment of workers, packaging and distribution practices, and business records.
- On sufficiency review, a conviction stands if a rational jury could find each element beyond a reasonable doubt based on the evidence presented.

## Conclusion

The court upheld Shabazz’s criminal copyright infringement conviction, concluding that testimonial authentication of legitimate comparison tapes and circumstantial evidence of a profit-oriented duplication and sales operation permitted the jury to find infringement and commercial purpose beyond a reasonable doubt.


United States v. Shabazz, 724 F.2d 1536 (11th Cir. 1984)