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Full-Text Articles in Entertainment, Arts, and Sports Law
The Aftermath Of Aftermath: The Impact Of Digital Music Distribution On The Recording Industry, Michael Mccubbin
The Aftermath Of Aftermath: The Impact Of Digital Music Distribution On The Recording Industry, Michael Mccubbin
The University of New Hampshire Law Review
[Excerpt] “This article will address the impact the shift from hard-copy recordings to digital music distribution has had on the recording industry. Specifically, it will apply F.B.T. Productions v. Aftermath Records, which correctly held that a label’s relationship with third-party-digital-music-providers is that of licensor-licensee, to the modern music industry. Based on this holding, record labels need to reconsider their relationships with artists, and create new business models that rely on licensing music, rather than the traditional sale-based distribution model. The decision in Aftermath will lead to increased royalties for artists in the Digital Age. This article will analyze the impact …
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett
The University of New Hampshire Law Review
[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …