Hines v. EMI April Music Inc.

Background

Ernie Hines brought a copyright-infringement action against W Chappell Music Corporation and the artists known as Jay-Z, Timbaland, and Ginuwine. Hines alleged that the defendants used the introduction to his 1960s soul song, “Help Me Put Out The Flame (In My Heart),” in the songs “Paper Chase” and “Toe 2 Toe.” The introduction was a three-bar guitar riff lasting about six seconds. The song itself lasted 192 seconds, and the introduction did not recur elsewhere in the song.

The parties agreed for purposes of the summary-judgment motions that some notes from the introduction appeared in both later songs without Hines’s permission. They did not dispute that Hines owned a valid copyright in the musical composition of “Help Me.” They disputed whether the introduction contained copyright-protected original material and whether the copying was sufficiently significant to constitute infringement.

Discovery and Expert Materials

Hines asked the court to reconsider its earlier denial of his request to extend discovery deadlines. The court denied that motion because Hines’s stated personal conflicts had already been presented, the parties had already received substantial time for fact discovery, and the requested new discovery was not proportional to the needs of the case.

The Warner Defendants also asked the court to exclude new materials from Hines’s expert, Dr. Joe Bennett. The court agreed that the materials—including an affidavit, a supplemental report, and a video analysis—were submitted after expert discovery closed and were not substantially justified or harmless. The court therefore considered only the expert reports disclosed before the applicable deadlines.

Copyright Protection

To prove copyright infringement, Hines had to show ownership of a valid copyright and copying of original elements of his work. Although the defendants conceded actual copying for purposes of the motions, the court held that the introduction itself was not protectable.

The defendants’ expert, Dr. Lawrence Ferrara, concluded that the introduction was based on a heavily used musical phrase from “Mysterioso Pizzicato,” a 1914 public-domain work, and other prior songs using the same musical device. According to the court, the introduction added only one note and one different rhythm. Those additions were not sufficiently creative to receive copyright protection. The court also explained that Hines’s copyright covered the song’s musical composition, not aspects of the sound recording such as the guitar, the guitar-playing technique, or the particular instrument used.

The court found that Hines’s timely expert materials did not adequately contradict Dr. Ferrara’s analysis. It added that even if the excluded supplemental materials had been considered, they would not have changed the result.

Substantial Similarity

The court separately held that Hines could not establish substantial similarity, meaning copying significant enough to support infringement, even assuming the introduction was protected. The introduction was only about three percent of “Help Me,” appeared only once, and was unrelated to the song’s other melodies. The court treated those facts as showing a lack of both quantitative and qualitative significance to Hines’s song.

The court rejected Hines’s reliance on evidence that the introduction made up much of the running time of the defendants’ songs. The relevant question was the introduction’s significance to Hines’s song, not its percentage of the later songs. The court also rejected reliance on qualities unique to the sound recording rather than the copyrighted musical composition.

Disposition

The court denied Hines’s motion to reconsider the denial of additional discovery. It granted the Warner Defendants’ motion for summary judgment and granted Ginuwine’s motion for summary judgment. The court directed the clerk to enter judgment for the defendants and close the case. Judge J. Paul Oetken did not reach the parties’ dispute about the possible amount of damages because summary judgment ended the infringement claims.