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Full-Text Articles in Law

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan May 2000

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan

Federal Communications Law Journal

Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …


The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das May 2000

The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das

Federal Communications Law Journal

This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …


Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus May 2000

Interpreting The Copyright Act’S Section 201(C) Revision Privilege With Respect To Electronic Media, Robert Meitus

Federal Communications Law Journal

New electronic media-including CD-ROMs and online services such as LEXIS/NEXIS-offer new outlets to which traditional publishers can disseminate the content of their publications. Recently, in Tasini v. New York Times, freelance authors claimed that the publishing industry allegedly infringed their copyrights in the underlying works of authorship. In absence of express agreements to the contrary, the authors maintained that section 201(c) of the Copyright Act gives the publishers only the limited privilege of publishing an article as part of a "particular collective work, any revision of that collective work, and any later collective work in the same series" and that …


Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis Mar 2000

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …