2Nos. 08-3810, 09-2213 & 10-1733
The song is available at: http://www.youtube.com/watch?v=
zKfZYgHm8So (last visited May 17, 2011).The members of Cypress Hill
Lawrence Muggerud, Senen
Reyes, and Louis Freese
are also named defendants. We willrefer to the defendants collectively as Cypress Hill.The track in question is titled, “Interlude” on some copies of
“Black Sunday” and “Lock Down” on others. The tracks areidentical. “Interlude” is available at: http://www.youtube.com/watch?v=aADH4148iQo (last visited May 17, 2011).
I’m Black” (the “Song”). Twenty-five years later,
Cypress Hill, an extremely popular and successful hip-
hop group, released the album, “Black Sunday.” One ofthe tracks on “Black Sunday,” titled “Interlude,” plays
a section of Johnson’s Song.In 2003, Johnson filed suit against Cypress Hill allegingcopyright infringement of the Song. Over four yearsinto litigation, the district judge granted Cypress Hill’smotion for summary judgment after concluding that Johnson failed to prove he held a valid copyright in theSong. Johnson now appeals.In 1968, Johnson, working with Glenn Watts and Jimmy Jones, wrote “Is It Because I’m Black.” In 1969,Twinight Records released a recorded version of theSong as a 45-RPM. That same year, the Song reachednumber 11 on the R&B charts. In 1972, Johnson re-recorded the Song. The 1972 recording was neverreleased in the United States. In 1997, Johnsonapplied for and received United States copyright reg-istration SRU-360-891 for a sound recording compilation.