Creative Expression Over Rigid Protection: Why the Ninth Circuit Is Correct to Permit De Minimis Sampling

The legal world is at a crossroads following the Ninth Circuit’s decision to uphold de minimis sampling as a valid practice in VMG Salsoul, LLC v. Ciccone. On the one hand, the Ninth Circuit’s affirmation of de minimis sampling fosters creativity and gives aspiring artists greater access to resources they would not otherwise be able to afford. On the other hand, the Sixth Circuit’s earlier decision in Bridgeport Music, Inc. v. Dimension Films that held de minimis sampling to be categorically illegal bolsters copyright protection and facilitates more predictable outcomes in copyright lawsuits. This Note analyzes both cases and ultimately concludes that the Ninth Circuit was correct because its analysis of de minimis sampling under the Copyright Act of 1976 is more faithful to the Act’s statutory language and animating intent. This Note will further show that the Ninth Circuit’s affirmation of de minimis sampling as a legitimate practice enables Congress to strike a proper balance between its constitutional duties to protect copyright holders’ interests while simultaneously championing the progress of the arts and sciences.