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Articles 1 - 12 of 12
Full-Text Articles in Law
Social Media And “Flash-Infringement”: Live Music Culture And Dying Ip Protection, Michael M. Epstein
Social Media And “Flash-Infringement”: Live Music Culture And Dying Ip Protection, Michael M. Epstein
Belmont Law Review
This article interrogates issues of music intellectual property rights infringement at live performances. I am especially interested in music infringement at live concerts and DJ-driven mash-up parties, and the use of technologies to transfer protected content by smartphone — or remote storage device — at or near the performance site. The covalent forces of social media, including the use of smartphone apps such as Meerkat and Periscope, and flash mob culture have created a perhaps unstoppable threat to copyright and other intellectual property rights — a phenomenon that I define in this article as “flash infringement.” In a flash infringement …
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Aesthetic Nondiscrimination & Fair Use, Brian L. Frye
Belmont Law Review
While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the aesthetic value of the use of a copyrighted element of a work in determining whether that use is a fair use. This asymmetry improperly and inefficiently discriminates in favor of copyright protection and against fair use. Moreover, the fair use transformativeness inquiry discriminates against marginalized authors, because courts are less likely to appreciate the aesthetic value of their uses of copyrighted works. Courts should apply the aesthetic nondiscrimination principle to both copyright and fair …
The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley
The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley
Belmont Law Review
When does attorney-client privilege protect communications between an attorney and her client’s former employee? Unfortunately, there is no simple answer to this question. In federal courts, privilege over communications with current employees is generally governed by the subject-matter test. Under this legal doctrine, communication is privileged when it regards subject matter within the scope of the employee’s position. The rationale for the doctrine is that it is often the lower level employees who will have the information that an attorney needs. Extending the doctrine to former employees, however, has caused courts to stumble as they have attempted to reconcile evidentiary …
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Belmont Law Review
Copyright is a unique species of the law, tethered in a very tangible way to what is largely an intangible: intellectual property. It should be no surprise then that any collection of laws governing property that can be literally created in a moment out of nothing but the mind of the creator, will ultimately have an eternal struggle keeping pace with that very thing it purports to govern. Historically, copyright law has been relegated to being the horse that is second to cross the finish line at the Kentucky Derby. The horse is indeed world class; however, it is simply …
Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis
Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis
Belmont Law Review
Belmont Law Review Symposium: Bringing Blurred Lines into Focus, October 2015.
Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison
Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison
Belmont Law Review
A transcript of a presentation at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."
Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn
Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn
Belmont Law Review
A transcript of the address at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."
Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby
Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown
Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown
Belmont Law Review
General jurisdiction is slowly being eroded. What was once a well-trodden path used to hale corporate defendants into the courthouse is now increasingly barred or shut. In its most recent general jurisdiction opinion, Daimler AG v. Bauman, the U.S. Supreme Court continued its trend towards divesting general jurisdiction of its utility. This is a mistake. The 21st century’s economy is increasingly complex, and general jurisdiction must evolve with this complexity. Failing to do so allows intricate corporate structures to insulate corporate defendants from the jurisdiction of U.S courts. Although the theory of personal jurisdiction has come a long way since …
The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann
The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann
Belmont Law Review
Most courts, legislatures, and scholars agree that the widespread movement over the past half-century toward aligning liability with fault has positively influenced tort law; however, the change has not come without difficulty. Courts and legislatures have struggled to determine how these developing doctrines affect apportionment of damages in various contexts. This note addresses the issue of how damages should be apportioned among multiple tortfeasors when an injured plaintiff has suffered a workplace injury and the employer or a coworker is partially to blame.
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
Belmont Law Review
In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …
Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert
Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert
Belmont Law Review
We’re going to have the opportunity to hear about the road to Tanco v. Haslam, one of the most important individual rights constitutional decisions from the United States Supreme Court in the last half-century. We’ll have an opportunity to gain from Ms. Rubenfeld’s and Ms. Lambert’s perspectives and experiences and hear their stories, Belmont Law Review Modern Legal History Symposium, November 20, 2015.