Abstract
The Sixth Circuit’s decision in Bridgeport Music, Inc. v. Dimension Films, which eliminated the de minimis exception for sound recording copyrights, has transformed copyright law into a potential weapon for suppressing artistic expression. By adopting a rigid per se infringement standard, the decision empowers bad actors to exploit copyright law against live music recordings, a uniquely vulnerable and culturally significant medium. Under this standard, even the inadvertent inclusion of an imperceptible sound fragment in a live recording—such as a stray copyrighted ringtone or background music at a festival—constitutes actionable infringement, creating significant legal risks for artists and producers. While the circuit split caused by the contrasting decisions in Bridgeport Music and VMG Salsoul v. Ciccone has been extensively covered, there is a notable lack of analysis in the literature regarding the potential impact of eliminating the de minimis standard in live music recordings.
Recommended Citation
Wolff, W. Kirk
(2026)
"Nashville Versus Hollywood: Bridgeport Music's Existential Threat to Live Music Albums,"
Florida Entertainment and Sports Law Review: Vol. 5:
Iss.
1, Article 5.
Available at:
https://scholarship.law.ufl.edu/feslr/vol5/iss1/5