Law Commons^™

The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the bright-line rule announced in Bridgeport Music should not apply where the disputed digital sample appropriates only the "sonic" ideas of the original work. The main thrust of this argument is that the Sixth Circuit's holding in Bridgeport Music is inapplicable where the disputed copying is a protected exercise of "fair use" reverse engineering; that is, where copying is necessary to appropriate the "sonic" ideas embodied in the sampled work.

Part II of this Note presents a brief history of digital sampling, including its application in the Hip-Hop musical genre. Part III presents a walkthrough of …

Some Catching Up To Do, Kara M. Wolke

Vanderbilt Journal of Entertainment & Technology Law

The analysis begins with a discussion of the purposes behind the WPPT and the international recognition of a general sound recording performance right. Part I discusses Congress' partial implementation of the WPPT through the Digital Millennium Copyright Act of 1998 (DMCA) and the digital performance right. Part II explores the value that recognition of the full public performance right under the WPPT would create for the American music industry. Finally, Part III proposes a solution in the form of an amendment to the Copyright Act and the coordination of national and international performance rights organizations.

Tragedy And Triumph In Title Ix, Welch Suggs

Vanderbilt Journal of Entertainment & Technology Law

The NCAA is trying to send a stronger message about the importance of the educational goals of college sports, as evidenced by the elevation of academic standards. However, colleges send a powerful message to parents by rewarding them for allowing their children to play a single sport year-round, to the exclusion of other activities. If sport offers a stronger guarantee of college admission than study--and Bowen's work indicates that is true not just at big-time sports powerhouses, but also at the country's most prestigious colleges--who can blame a student or parent from diving into sports? The future of women's athletics …

Copyright Infringement In The Indian Film Industry, Rachana Desai

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on the largest of these industries: Bollywood, the center of Hindi language cinema. In recent years, nearly eight out of every ten Bollywood scripts have been inspired by one or more Hollywood films. Previously, this widespread problem was not visible to those outside of India. The emergence of the internet and better global communications, however, have made Westerners more aware of the cultural copy situation in India. In 2003, best-selling fiction writer Barbara Taylore-Bradford brought a copyright infringement suit against Sahara Television for allegedly making a television series out of her book "A Woman of Substance." After …

"It's Mine! No, It's Mine! No, It's Mine!" Works-Made-For-Hire, Section 203 Of The Copyright Act, And Sound Recordings, Adam H. Dunst

Vanderbilt Journal of Entertainment & Technology Law

Under Section 203 of the 1976 Copyright Act, assignments of copyrights by authors after January 1, 1978, are subject to termination starting 35 years through 40 years after the date of the grant, regardless of any term stated in the agreement. Congress intended that authors have the opportunity to repossess copyrights and enjoy future rewards of their creative works at a point in time when they have a better sense of their works' values and more bargaining power. This "second bite at the apple" protects authors from transfers for which they were inadequately compensated. To protect authors' interests, the Copyright …

Representant Les Etats-Unis D'Amerique: Reforming The Usoc Charter, Christopher T. Murray

Vanderbilt Journal of Entertainment & Technology Law

This Article proposes a reorganization of Olympic and amateur sports in the States not yet entertained by Congress, the USOC, or the legal academy. Congress should revoke the USOC's charter as a patriotic organization. The USOC should be divided and reformed. The Olympic-related functions of the USOC should be recast into a government corporation. Thus, the financial, political, and legal functions of representing the United States in the Olympic movement would be administered like those of a corporation. The governance of amateur sports should be removed from the USOC's charter and privatized into an association of the individual sports.

Part …

Are We Playing By The Rules? A Debate Over The Need For Ncaa Regulation Reform, Katherine Todd, Chris Guthrie, Professor Covington, Linda Bensel-Meyers, Gene Marsh, Mike Slive Commissioner, Len Elmore

Vanderbilt Journal of Entertainment & Technology Law

We welcome all of you here today. The moderator for this morning's panel is Professor Robert Covington. Professor Covington is a senior member of the Vanderbilt faculty, having joined the law school immediately after his graduation from Vanderbilt Law in 1961. Professor Covington did his undergraduate work at Yale. He has established himself as a wide-ranging scholar and teacher, with a recognized expertise in labor law. Professor Covington has also taught sports law classes at the Law School. In recognition of his distinguished service to Vanderbilt, in 1992 he received the university's Thomas Jefferson Award. Professor Covington, I'll turn it …

Digital Music Sampling And Copyright Law, Carlos Ruiz De La Torre

Vanderbilt Journal of Entertainment & Technology Law

Copyright law governing digital music sampling is faced with two competing interests: first, the owners of recording and composition copyrights need to be reasonably compensated when their creative works are reused by sampling artists, but secondly, sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system needs to balance these interests and reduce the degree of uncertainty that arises when the use of a sample infringes a copyright. This Article will discuss the current state of the law as it relates to digital sampling and will then articulate five …

Termination Rights And The Real Songwriters, Geoffrey P. Hull

Vanderbilt Journal of Entertainment & Technology Law

Collaboration--the act of more than one songwriter writing a song--has seldom, if ever, been more popular or prevalent in popular music. A perusal of a recent Billboard Hot 100 singles chart revealed that 85 of the charted songs had more than one writer in their credits. Of the fifteen with single writer credits, thirteen were by the recording artists. The other two were remakes of decades-old hits. More often than not, especially on the pop charts, some of the co-writers are the recording artists or the producers of the recording. Many times these artist and producer co-writers have actually written …

The Reality Of Reality Television: Understanding The Unique Nature Of The Reality Genre In Copyright Infringement Cases, J. Matthew Sharp

Vanderbilt Journal of Entertainment & Technology Law

Because copyright law is meant to protect creativity, there must be a means by which the U.S. government can offer some guarantee to the creators of a reality show that their creative output will be guarded against copying which diminishes the show's value. Therefore, this note seeks to answer the question: "what can we do to provide a reasonable level of protection against infringement to the creators of a new concept for a reality show?" Part I of this note provides a brief overview of the law regarding copyright infringement with particular emphasis on the unique protection afforded a compilation …

The Ncaa's Regulations Related To The Use Of Agents In The Sport Of Baseball: Are The Rules Detrimental To The Best Interest Of The Amateur Athlete?, Richard T. Karcher

Vanderbilt Journal of Entertainment & Technology Law

First, this Article will discuss the NCAA regulations applicable to all sports regarding the use of agents by amateur athletes. Next, this Article will discuss (i) the mechanics of the annual Major League Baseball draft, (ii) the factors that contribute to the necessity and desire for amateur baseball players to retain a competent agent or lawyer before they have extinguished their NCAA eligibility, and (iii) how the NCAA regulations are detrimental to both drafted and draft-eligible amateur baseball players. Finally, this Article will discuss how the NCAA should revise its regulations to better serve the amateur athlete in the sport …

An Analysis Of The Recording Industry's Litigation Strategy Against Direct Infringers, Kristina Groennings

Vanderbilt Journal of Entertainment & Technology Law

In the fall of 2003, suing direct infringers may have been the only recourse left to the recording industry. The industry faced a long-term trend of a decrease in sales, due largely to file-sharing. The decline in album sales following the inception of Napster, from 1999 through 2002, had been the most dramatic in the past 30 years. CD sales were down from $13.2 billion in 2000 to $11.2 billion in 2003. The industry's victory in Napster was fleeting, as publicity over the issue increased awareness of peer-to-peer (P2P) technology and users flocked to decentralized networks like Grokster and KaZaa, …

Is The System Flawed? Legal Ramifications Of The Bowl Championship Series And Conference Alignment, Josh Helton, Mike Slive Commissioner, Gary Roberts, Andrew Sorenson

Vanderbilt Journal of Entertainment & Technology Law

Vice Chancellor Williams:

Let me start -this is really a discussion, or a panel that deals with the BCS and conference alignment. So why don't we just jump right in it, and I think the first question that I would like to ask is --we'll throw it up, really I think I'd like to go to both Mike and Gary on this --why are we seeing all the movement around of the schools from conference to conference? What is this all about?

Gary Roberts:

That's 95% of it. It is schools trying to reposition themselves better in their industry, which …

Arresting Vaulting Pole Technology, Russ Versteeg

Vanderbilt Journal of Entertainment & Technology Law

Generally speaking, sports rules perform at least six functions, many of which overlap. Sports rules: 1) define the game; 2) promote safety; 3) prohibit unfair advantage; 4) promote administrative efficiency; 5) foster good sportsmanship; and, 6) promote fairness. Presumably, as sports evolve, rule makers must seriously consider at least two important questions when deciding how to respond to any given technological innovation that affects a sport. They must consider its potential impact on the integrity of the sport (i.e., how it affects both the definition of the game as well as whether it creates an unfair advantage and/or otherwise hinders …