UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTSSONY BMG MUSIC ENTERTAINMENT, et al.,)Plaintiffs, )Case No. 03CV11661-NG) LEAD DOCKET NO.)v.))Case No. 07CV11446-NGJOEL TENENBAUM,)ORIGINAL DOCKET NO.Defendant.)GERTNER, D.J.:JURY INSTRUCTIONS
July 31, 2009
I. Copyright in General
A. This is an action for copyright infringement. A “copyright” is the exclusive right tocopy. A copyrighted work can comprise a number of different kinds of work including amusical work.1. The owner of a copyright generally has the right to exclude any other personfrom reproducing, preparing derivative works, distributing, performing, displaying,or using the work covered by copyright for a specific period of time. 2. One who either (1) reproduces, or (2) distributes a copyrighted work during theterm of the copyright, infringes the copyright, unless licensed or authorized by thecopyright owner.B. In this case, each plaintiff contends that it is, and at all relevant times has been, thecopyright owner or licensee of exclusive rights under United States copyright law withrespect to certain copyrighted sound recordings, and that the defendant, Joel Tenenbaum,without the permission or consent of such plaintiff, used a peer-to-peer network todownload the plaintiffs’ copyrighted recordings and/or distribute the copyrightedrecordings to the public.1. Each plaintiff contends that Mr. Tenenbaum’s actions constituteinfringement of its exclusive rights under copyright law.2. The sound recordings at issue are the five that are listed in Exhibit 55, andthe 25 that are listed in Exhibit 56.
Case 1:03-cv-11661-NG Document 909 Filed 07/31/2009 Page 1 of 4