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Its the Truth

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Submitted By Acebieber
Words 283
Pages 2
Jace Browne
3/4/2015
Business Law

Zomba Enterprises, Inc. v. Panorama Records, Inc.
Facts
Zomba Enterprises, Inc. is a music publishing company who filed a copyright infringement suit against Panorama Records, Inc. Panorama Records is a company in the business of selling karaoke discs. Zomba sent Panorama Records several letters demanding that they cease selling discs with any of Zomba Enterprises’ intellectual property. Zomba also sent Panorama Records their terms in which they would grant the licenses, including a royalty rate of $0.16 per song per disc. It also included a one time synchronization license fee of $250. Panorama did not pay Zomba Inc. for the licenses, and resumed selling the karaoke discs. Zomba sent Panorama two more cease-and-desist orders which were also ignored before taking Panorama Records to court. Zomba Inc. originally planned on taking Panorama Records to court on 30 counts of copyright infringement, but dropped four counts, for a total of 26 counts of copyright infringement.
Decision
The court found that Panorama Records was guilty of intentional copyright infringement, rejecting the Fair Use defense. The court awarded Zomba $806,000 for the infringement, $76,456.16 for attorney fees, and another $1,058.91 for other costs
Issues
Does the Copyright Act, apply to karaoke devices that enable individuals to sing along to recordings of musical compositions, which is a matter of first impression in this circuit?
Rules of Law
All four fair use factors have to indicate that copying is of fair use. 1Purpose and character of use. 2. The nature of the copyrighted work. 3. The amount and the sustainability of the portion used. Effect on the potential market for the copyrighted

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