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Daniel J Gervais

2011

Intellectual Property Law

Articles 1 - 3 of 3

Full-Text Articles in Law

The Landscape Of Collective Management Schemes, Daniel J. Gervais Sep 2011

The Landscape Of Collective Management Schemes, Daniel J. Gervais

Daniel J Gervais

This paper, based on a keynote talk at Columbia Law School, reviews the nature of collective management organizations (CMOs), their regulation, in particular the difference in the US regulatory regimes for performing rights organizations (PROs), digital transmissions of sound recordings and reprography. The paper reviews the incoherent rate-setting processes under consent decrees and sections 112 and 114 of the US Copyright Act. The paper also considers the role that CMOs can and should play in empowering new business models and modes of access to online material.


The Rise Of 360 Deals In The Music Industry, Daniel J. Gervais Apr 2011

The Rise Of 360 Deals In The Music Industry, Daniel J. Gervais

Daniel J Gervais

360 deals can give record companies access to revenue from movie contracts, merchandise sales, and other sources “all around” the artist. They reflect a transition from an industry model focused on delivery of goods (compact discs or even iTunes tracks) to one in which music is increasingly a service generating revenues from multiple activities bundled with phone, Internet, or cable access. The authors explore the history, contents, benefits, and future of 360 deals.


Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman Jan 2011

Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman

Daniel J Gervais

This paper examines the shift from the Internet connection paradigm to an amalgamation paradigm. Ultimately, almost all personal and commercial content will be stored or backed up in the computing Cloud. This is likely to change the way in which copyright is enforced and users' privacy is protected.