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The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli Dec 2018

The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli

University of Miami Business Law Review

This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this ...


“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence May 2018

“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence

University of Miami Business Law Review

The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn ...


A View Of Copyright From The Digital Ground, Andres Sawicki Jan 2018

A View Of Copyright From The Digital Ground, Andres Sawicki

Articles

No abstract provided.


Our Copyright Code: Continue Patching Or Start Rewriting?, Honorable Edward J. Damich Jan 2014

Our Copyright Code: Continue Patching Or Start Rewriting?, Honorable Edward J. Damich

University of Miami Law Review

No abstract provided.


Copyright Freeconomics, John M. Newman Jan 2013

Copyright Freeconomics, John M. Newman

Articles

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in ...


Copyright In Teams, Anthony J. Casey, Andres Sawicki Jan 2013

Copyright In Teams, Anthony J. Casey, Andres Sawicki

Articles

Dozens of people worked together to produce Casablanca. But a single person working alone wrote The Sound and the Fury. While almost all films are produced by large collaborations, no great novel ever resulted from the work of a team. Why does the frequency and success of collaborative creative production vary across art forms?

The answer lies in significant part at the intersection of intellectual property law and the theory of the firm. Existing analyses in this area often focus on patent law and look almost exclusively to a property-rights theory of the firm. The implications of organizational theory for ...


Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman Jan 2011

Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman

Articles

In 2009, the pseudonymous 'John David California" announced plans for U.S. publication of 6o Years Later: Coming Through the Rye, a "sequel" to JD. Salinger's canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyright infingement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law's troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.

Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point ...


United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue Oct 2005

United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue

University of Miami Law Review

No abstract provided.


Law Of The Internet In Argentina., Guillermo Cabanellas Apr 2003

Law Of The Internet In Argentina., Guillermo Cabanellas

University of Miami Inter-American Law Review

No abstract provided.


Why The Supreme Court Said Yes To The First Sale Doctrine In Quality King Distributors, Inc. V. L'Anza Research International, Inc., Alexis Gonzalez Jan 2000

Why The Supreme Court Said Yes To The First Sale Doctrine In Quality King Distributors, Inc. V. L'Anza Research International, Inc., Alexis Gonzalez

University of Miami Business Law Review

No abstract provided.


Mickey Mouse Emeritus: Character Protection And The Public Domain, Jessica Litman Apr 1994

Mickey Mouse Emeritus: Character Protection And The Public Domain, Jessica Litman

University of Miami Entertainment & Sports Law Review

No abstract provided.


Licensing And Merchandising Of Characters: Art Law Topic For Aals 1994, Phillip Edwards Page Apr 1994

Licensing And Merchandising Of Characters: Art Law Topic For Aals 1994, Phillip Edwards Page

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Methuselah Factor: When Characters Outlive Their Copyrights, Leslie A. Kurtz Apr 1994

The Methuselah Factor: When Characters Outlive Their Copyrights, Leslie A. Kurtz

University of Miami Entertainment & Sports Law Review

No abstract provided.


Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan Oct 1993

Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke Oct 1993

The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke

University of Miami Entertainment & Sports Law Review

No abstract provided.


Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores May 1993

Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores

University of Miami Entertainment & Sports Law Review

No abstract provided.


Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz May 1993

Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz

University of Miami Law Review

No abstract provided.


The Legal Protection Of Fictional Characters, Kenneth E. Spahn Oct 1992

The Legal Protection Of Fictional Characters, Kenneth E. Spahn

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton Jul 1991

The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton

University of Miami Entertainment & Sports Law Review

No abstract provided.


Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera Apr 1990

Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera

University of Miami Entertainment & Sports Law Review

No abstract provided.


E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim Oct 1989

E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim

University of Miami Entertainment & Sports Law Review

No abstract provided.


Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher Oct 1989

Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher

University of Miami Entertainment & Sports Law Review

No abstract provided.


The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino Apr 1989

The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino

University of Miami Entertainment & Sports Law Review

No abstract provided.


Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn Apr 1989

Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn

University of Miami Entertainment & Sports Law Review

No abstract provided.


Colorization: Removing The Green, Richard T. Kilgore Apr 1989

Colorization: Removing The Green, Richard T. Kilgore

University of Miami Entertainment & Sports Law Review

No abstract provided.


Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr. Nov 1988

Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.

University of Miami Law Review

No abstract provided.


Imperfect Property: Defective Protection For Bona Fide Purchasers Of Copyrights, Brenda J. Saunders Apr 1988

Imperfect Property: Defective Protection For Bona Fide Purchasers Of Copyrights, Brenda J. Saunders

University of Miami Entertainment & Sports Law Review

No abstract provided.


In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer Jan 1984

In Search Of Adequate Protection For Choreographic Works: Legislative And Judicial Alternatives Vs. The Custom Of The Dance Community, Barbara A. Singer

University of Miami Law Review

One of the improvements in the 1976 Copyright Act was the specific recognition of choreographic works as copyrightable material. The Act's focus on the protection of economic rights, however, fails to address the primary interest of the dance community in the preservation of "moral rights" in a work. The author examines the unique concerns of choreographers, and concludes that it is customary, and not legislative or judicial, law that continues to provide the best protection of choreographers' artistic interests.


Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro Jul 1980

Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro

University of Miami Law Review

The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first ...