New Infringement Defense? 'We Don't Roll That Way'
from the well,-there's-that... dept
However, I have to admit that the most fascinating part of the lawsuit to me is the piece pointed out by Whitney McNamara discussing how those producers first responded when the labels first asked the show why they hadn't licensed the music:
According to the suit filed Wednesday in U.S. District Court in Nashville, when representatives of the recording companies asked defendants why they hadn't obtained licenses to use the songs, defendants said they didn't "roll that way."That won't get you very far in court, but is pretty damn funny. The response from the record labels wasn't too bad either:
"As sophisticated consumers of music, Defendants knew full well that, regardless of the way they rolled, under the Copyright Act, and under state law for the pre-1972 recordings, they needed a license to use the sound recordings lawfully."Even though it makes little sense to me, the labels are almost certainly right here, and will almost certainly win. If, somehow, the show producers could convince a judge that this use of the music was fair use, that would be a huge victory for fair use -- but seems (unfortunately) quite unlikely. Either way, the "we don't roll that way" defense is quite amusing -- especially coming from TV producers who you would think normally fall on the "stronger copyright law" side of the fence. Imagine if a file sharer used that response?