Bridgeport Music, Inc. v. Dimension Films 410 F.3d 792 (6th Cir. 2005) Bridgeport and Westbound owned the copyrights to the musical composition and sound recordings respectively, of a George Clinton song. A four second long, three note sample from the song was taken and used in a tape loop for a rap song included in the soundtrack of a movie owned by Dimension. Dimension had gotten Bridgeport's license, but did not have a license from Westbound. Westbound sued Dimension for copyright infringement. The Trial Court found for Dimension. Westbound appealed. The Trial Court agreed that Dimension had used the sample without permission, but that the use was de minimus. The Appellate Court reversed. The Appellate Court found that a defense of de minumus use should not be allowed when the defendant has not disputed that it digitally sampled a copyrighted sound recording. The Court found that 17 U.S.C. §114(b) clearly gives the copyright holder the exclusive right to prepare derivative works. The Court distinguished this case from Newton v. Diamond (388 F.3d 1189 (2004)). In that case, the infringer had a license to the sound recording, but not the underlying composition. In this case, Dimension had a license to the underlying composition, but not the sound recording. The Court found that the difference was that it was very easy to prove that someone sampled an actual sound recording.