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Entertainment, Arts, and Sports Law Commons

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Intellectual Property Law

Michigan Telecommunications & Technology Law Review

Journal

Law reform

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Entertainment, Arts, and Sports Law

Private Copyright Reform, Kristelia A. García Dec 2013

Private Copyright Reform, Kristelia A. García

Michigan Telecommunications & Technology Law Review

The government is not the only player in copyright reform, and perhaps not even the most important. Left to free market negotiation, risk averse licensors and licensees are contracting around the statutory license for certain types of copyright-protected content, and achieving greater efficiency via private ordering. This emerging phenomenon, herein termed “private copyright reform,” presents both adverse selection and distributive justice concerns: first, circumvention of the statutory license goes against legislative intent by allowing for the reduction, and even elimination, of statutorily mandated royalties owed to non-parties. In addition, when presented without full term disclosure, privately determined royalty rates can …


The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day Jan 2009

The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day

Michigan Telecommunications & Technology Law Review

On February 4, 2009, Senator Patrick Leahy introduced the Performance Rights Act ("PRA") to the Senate, joined by Representative John Conyers in the House of Representatives. Thirty-eight years after sound recordings were first granted federal copyright protection against unauthorized reproduction and distribution--and more than ten years after gaining a limited digital performance right--legislation is pending that would once again expand the scope of sound recording copyright to encompass terrestrial radio broadcasts. Historically, such broadcasts have been exempt from sound recording performance royalties.[...] Instead of (or in addition to) seeking remuneration from terrestrial radio stations, this Note suggests that sound recording …


Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes Apr 2004

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …