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Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Santos Rutschman
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Santos Rutschman
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This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.
Using Innovative Technologies To Analyze For Similarity Between Musical Works In Copyright Infringement Disputes, Yvette Joy Liebesman
Using Innovative Technologies To Analyze For Similarity Between Musical Works In Copyright Infringement Disputes, Yvette Joy Liebesman
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Courts continue to struggle with discerning the level of substantial similarity between musical compositions in infringement analyses, which is related to their difficulty in determining the portion that is available for the public to use, and where that permission stops. This paper argues that, under the current policies regarding copyright protection and unauthorized copying, the current test is inadequate and a new infringement test should be considered. Two alternatives are proposed. The first test uses objective mapping of a song’s artistic elements. The second considers the link between wave motion theory of physics and music and proposes comparing the mathematical …