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Articles 1 - 9 of 9
Full-Text Articles in Entertainment, Arts, and Sports Law
Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign, Jared Zim
University of Miami Business Law Review
Music often tells a powerful story, driving emotional connections. As a result, politicians rely on music in every aspect of their political campaigns from political advertisements to campaign rallies. There is a long history of such political uses of music, often without an artist’s permission. While most disputes over such uses have ended in either settlement or the campaign stopping use of the infringed work, former President Donald Trump’s unauthorized use of music on the campaign trail sparked countless artist complaints. The complaining musicians feared any implication that they endorsed Trump and did not want any association with a political …
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross
University of Miami Business Law Review
The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with an intent to …
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
University of Miami Business Law Review
In 2018, Kendrick Duckworth, better known by his stage-name Kendrick Lamar, became the first non-classical or jazz musician to win the Pulitzer Prize in Music. Equally as surprising, the album contained a magnitude of digital sampling. As digital sampling has become more prevalent since the 1980’s, courts have differed on how to handle the issue. By 2016, the Sixth and Ninth Circuit Courts of Appeals established a circuit split on the issue, with one holding that unlicensed digital sampling is per se unlawful, and the other holding that a more lenient test is needed. Courts have continued to struggle with …
Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr.
Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr.
University of Miami Inter-American Law Review
No abstract provided.
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
University of Miami Business Law Review
This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this split in …
The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello
The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello
University of Miami Business Law Review
This paper will address the problem that is currently being confronted by the Walt Disney World Company; who owns the creative works made from software stolen from the original creator? Furthermore, does the court’s application of the “lion’s share” theory effectively further the Constitution’s intent to promote the growth of arts and sciences? By looking at the historical progression of intellectual property law and the holdings of key cases in copyright law, this paper will distill into a summary of key concerns the jurisprudence regarding associating property rights in intellectual property. By narrowing the key considerations of the court, this …
“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence
“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence
University of Miami Business Law Review
The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn of the century. …
Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila
University of Miami Law Review
As of 2015, the American entertainment market was worth about $600 billion, and it is projected to substantially exceed that figure in coming years. The global entertainment industry is worth about $2 trillion, meaning the U.S. is responsible for over a quarter of total global entertainment revenue. These statistics illustrate the staggering impact of the American entertainment industry on the global markets for film, television, and music. The American music industry is particularly dominant in its global market, earning half of world-wide sync revenues and accounting for nearly a third of all global music revenue. Entertainment is clearly the United …
Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz
Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz
University of Miami Business Law Review
No abstract provided.