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The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
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. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
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 …