Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Antitrust and Trade Regulation

Vanderbilt Journal of Entertainment & Technology Law

Journal

2017

Articles 1 - 2 of 2

Full-Text Articles in Law

Promoting Access Over Ownership: Realigning Antitrust And Intellectual Property Law To Usher In An Era Of Collaborative Consumption, Adrian Kuenzler Jan 2017

Promoting Access Over Ownership: Realigning Antitrust And Intellectual Property Law To Usher In An Era Of Collaborative Consumption, Adrian Kuenzler

Vanderbilt Journal of Entertainment & Technology Law

Following the US Supreme Court's endorsement of the promotion of consumer welfare as the single goal of antitrust and intellectual property laws, many courts have reasserted their commitment to the market access doctrine for antitrust and intellectual property law liability. These courts have rejected the Court's submission in GTE Sylvania to adhere to a strict output/profitability test concentrating predominantly on the positive and negative welfare effects regarding allegedly infringing conduct. This Article examines several important antitrust and intellectual property law decisions and locates within them a common flaw to express an intelligible, distinct doctrinal function for giving precedence to market …


A Fair Stream: Recommendations For The Future Of Fair Trade Music, Ricardo Hernandez Jan 2017

A Fair Stream: Recommendations For The Future Of Fair Trade Music, Ricardo Hernandez

Vanderbilt Journal of Entertainment & Technology Law

Allied Business Intelligence research suggests that, by 2019, the music streaming industry will reach $46 billion in premium subscription revenues. As the music streaming industry grows, the creators of the musical content appear to be getting left behind. While there are a number of suggestions for why creators of musical content are not receiving their share of the pie, one thing is certain: a new business model is needed. This Note suggests that one possible way to ensure fairness in the music streaming supply chain is through applying the fair trade concept to the music streaming model. As such, this …