Law Commons^™

Transmissions Of Music On The Internet, Daniel J. Gervais

Vanderbilt Journal of Transnational Law

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

Digital Broadcasting: The Cost Of Copyright, Journal Staff

Vanderbilt Journal of Entertainment & Technology Law

Music copyright issues pervade the Internet these days, but few have roots as far back as 1915. Since that time, radio broadcasters and copyright owners have found themselves embroiled in a conflict over the extent to which copyright law should and can dictate the terms and cost of broadcasting music. Advances in dig- ital transmission technology, followed closely by the introduction of two important legislative enactments, have kept the debate fresh in recent years. Now, an inter- pretative ruling by the Copyright Office as to the applicability of the latter to the former threatens to extend the dispute well into …

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither

Vanderbilt Journal of Entertainment & Technology Law

Digital samples are to rap music as precedent is to the practice of law. Lawyers, mindful of the principle of stare decisis, mine court opinions for arguments to support legal theories. Similarly, rappers use the lyrics and musical arrangements found in previously recorded works to spin out new and creative pieces. But where-as no one worries when a lawyer quotes pieces of old case law to fashion her arguments in a novel case, rappers' heavy reliance on digital sampling routinely puts their community front and center in a debate over copyright infringement...

Considering the severity of most criminal penalties for …

Changing Horses In Mid-Stream: The Copyright Office's New Rule Makes Broadcasters Pay For "Streaming" Their Signals Over The Internet, Samuel Fifer, Gregory R. Naron

Vanderbilt Journal of Entertainment & Technology Law

With traditional, over-the-air broadcasts, radio stations do not have to start paying license fees to rights holders if they get a bigger transmitter or technology allows their signal to reach more listeners. That much, not even the RIAA will dispute. So why should it matter if stations use the Internet to reach additional listeners? The law shouldn't be interpreted to discourage radio stations from using new Internet technology to do the same thing they're doing now--especially since Congress itself expressly said it did not want to "[hamper] ... new technologies" or "impose new and unreasonable burdens" on broadcasters. And make …