Digital Commons Network^™

Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth

Northern Illinois Law Review Supplement

When musicians allege that politicians they dislike have used their music without authorization, those allegations make the news, but rarely, if ever, do those news sources mention when the politicians have purchased licenses for that music. Unsurprisingly, copyright law is never a topic of media mention. Licensing is a straightforward, nondiscriminatory procedure that allows anyone who pays the necessary fee the right to exercise the license. When it comes to political uses, however, copyright law loses in a landslide to public opinion, which dictates how vocal opponents think licenses should work without acknowledging how licenses do work. Academia can count …

The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King

College of Law Faculty Publications

In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …

Vol. 6 No. 2, Spring 2015; A Circuit Split Involving Ten Federal Circuits: Why Copyright Infringement Actions Should Be Allowed To Proceed After An Application For A Copyright Is Filed, Morgan Johnson

Northern Illinois Law Review Supplement

In 2010, the Supreme Court’s decision of Reed Elsevier, Inc. v. Muchnick addressed the subject matter jurisdiction of a trademark infringement claim. Not only did this avoid the larger question of when a trademark is “registered” under § 411(a), but it lead to further division among the circuit courts. Section 411(a) sets forth the requirements for a trademark infringement suit to be filed; most importantly that it must be “registered.” The registration approach has determined that a trademark is only registered when a party receives an affirmative or negative response, directly from the Copyright Office. The application approach, however, finds …

Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins

Northern Illinois Law Review Supplement

This Article discusses Section 109 of the Copyright Act, the first sale doctrine, in the context of digital media and internet-based storage. Traditionally, the first sale doctrine served as an important limitation on the exclusive rights of copyright owners, allowing copies of lawfully obtained works to be resold without interference from the copyright owner. As a result of this limitation, physical media remains freely alienable after the first sale, providing secondary markets for used copies and more consumer choice. However, due to the nature of digital media and the recent market shift among media distributors, first sale doctrine has become …

Issues And Challenges In The Development Of Open Access Publishing And Scholarly Communications In Nigeria, Ifeoma Ann Oluwasemilore

American Association for the Advancement of Science Pacific Conference

The paper notes that advances in technology have resulted in the emergence of open access publishing and scholarly communication. Open access publishing typically provides an internet based digital platform for the publication of research output with unrestricted access to the public while scholarly publication networks encompass inter linked information access to database by educational institutions. The growth of open access publishing and scholarly communication has been very remarkable in many developed countries. However, academic and research institutions in many developing countries like Nigeria are still battling to overcome many challenges in an attempt to make their research outputs openly accessible. …

A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan

Rami Olwan

On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …

Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter

Northern Illinois University Law Review

The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow artists to reclaim the rights to their songs and albums which they had to assign to the various record companies as a means of recording, publishing, and selling their music. Artists that invest their creativity, musical talent, and time into making a successful record deserve to ultimately reap the benefits that flow from that success. On the other hand, artists that merely record songs written …

A Pragmatic Approach To Intellectual Property And Development: A Case Study Of The Jordanian Copyright Law In The Internet Age, Rami Olwan

Joint PIJIP/TLS Research Paper Series

On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. This article takes the copyright law in Jordan as a case study and …

Fostering The Business Of Innovation: The Untold Story Of Bowers V. Baystate Technologies, Robert W. Gomulkiewicz

Articles

Perhaps the law review literature does not need another article on the Federal Circuit’s case [320 F.3d 1317 (Fed. Cir. 2003, cert denied, 123 S.Ct. 2588 (2003)]. That case has received more than its share of attention from commentators, all criticizing Judge Rader’s majority opinion and most extolling the virtues of Judge Dyk’s dissent. Despite the storm of scholarly criticism, however, courts have followed Judge Rader’s opinion.

This Article tells the untold story of why courts have been wise to do so. The Article explains how commentators have argued that federal intellectual property law should have preempted Bowers’ claims …

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Jeffrey M. Gaba

In 1709, Jacob Tonson, the most significant publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work. This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. …

Libraries, Digital Content, And Copyright, Laura N. Gasaway

Vanderbilt Journal of Entertainment & Technology Law

Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also create, manage and host user generated content such as posts on discussion boards, blogs, wikis, RSS feeds, social bookmarking, tagging, and social networks. Libraries use user generated content for internal library purposes, such as displays and events and for teaching. Further, libraries often are asked to assist users who …

Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson

Northern Illinois University Law Review

This article examines Atlantic Records Corp. v. XM Satellite Radio Inc. The current litigation offers a prime example of various ways in which the United States Copyright Act is unable to pace current technological trends with respect to the hybridization of technology. This article explores the nature of the current litigation and the fact that the litigation is entirely device-driven; the applicability, interpretation and purpose of the Audio Home Recording Act; threats to the incentive model of copyright genesis; and a call for device-neutral legislation that focuses on particular acts of infringement rather than measuring a device's capabilities as a …

Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton

Northern Illinois University Law Review

This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …

The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja

Northern Illinois University Law Review

The author begins by reviewing the cultural vision reflected in the United Nations Charter. The author analyzes the growth and development in the arts and arts industry since 1945, and discusses the arts as both an economic force in the United States and as a commodity in world trade. The author concludes with a discussion regarding ownership of the arts and culture, intellectual property rights, and copyrights in the field of electronic imaging.

Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke

Northern Illinois University Law Review

This note examines the United States Supreme Court's decision which set forth the proper analysis for resolving copyright disputes involving the work for hire doctrine. The Court concluded a "literal interpretation" of the governing statute was appropriate. The author contends the literal interpretation, now to be applied by all courts deciding work for hire issues, provides a uniform standard as well as predictability--two paramount objectives of copyright law.

Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney

Northern Illinois University Law Review

An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis of fair use factors.

The Sony Impact On Home Videorecording: Time For A Legislative Solution, Denise M. Higgins

Northern Illinois University Law Review

An in-depth examination of the controversial Sony decision which held that the home videorecording of copyrighted materials broadcast over the public airwaves constituted an infringement of copyright. Since traditional remedies do not adequately address the divergent interests at stake in home videorecording, it is suggested that a legislative response is warranted.

Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel

Northern Illinois University Law Review

This comment will propose that a minimal right to arrange is conferred with the right to perform where there is either no arrangement available, or the available arrangements are not suitable for use by the given ensemble. The extent to which the director may copy and edit purchased music will be described. It will also be argued that profits from performance may be retained by the performing group and that no notice is required to be given to the copyright owner for such use. Finally, the practice of recording the group's performances will be explored, and it will be concluded …