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Newton V. Diamond: When A Composer's Market Is Not The Average Joe: The Inadequacy Of The Average-Audience Test, Reid Miller
Newton V. Diamond: When A Composer's Market Is Not The Average Joe: The Inadequacy Of The Average-Audience Test, Reid Miller
Golden Gate University Law Review
This Note will discuss how the Ninth Circuit incorrectly adopted the average-audience test because the test has become overbroad in its application, is ill-equipped to deal with the issues of complex modern music, and has drifted from the fundamental purpose of copyright law. The Ninth Circuit should have adopted the intended- audience test, which looks to the reaction of those with the expertise required to understand the language of the work and more truly reflects the fundamental purpose of copyright law: the protection of the creator's market.
Protecting Children From Music Lyrics: Sound Recordings And "Harmful To Minors" Statutes, Jim Mccormick
Protecting Children From Music Lyrics: Sound Recordings And "Harmful To Minors" Statutes, Jim Mccormick
Golden Gate University Law Review
The tactic of including sound recordings in "harmful to minors" statutes is perhaps the most promising solution to the resilient problem of explicit music lyrics. Although the Washington law was found unconstitutional, many states have successfully included sound recordings in their own "harmful to minors" statutes. To appreciate this development, a legal and factual background must be discussed. Part II of this Comment summarizes the development of obscenity standards for minors in U.S. First Amendment law. Part III discusses some historic clashes between obscenity law and music. The Washington "Erotic Lyrics" Amendment and its constitutional problems are the subject of …
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Renaming That Tune: Aural Collage, Parody And Fair Use, Alan Korn
Golden Gate University Law Review
Although the unauthorized use of sound recordings in derivative collage compositions may in some instances infringe on the copyright of a given composition or sound recording, such use may be protected under a fair use analysis typically accorded works of parody. Therefore this Comment will first provide some historical context for understanding aural appropriation as an evolving 20th century art form with parallels and antecedents in the visual arts. Next comes a discussion of how certain collage-based compositions may violate applicable copyright laws under the 1976 Copyright Act. This Comment will then explore whether the appropriation of pre-existing sound recordings …