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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Entertainment, Arts, and Sports Law
Private Copyright Reform, Kristelia A. García
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 …
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian
Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian
Vanderbilt Journal of Entertainment & Technology Law
As Bruce Springsteen and Ronald Reagan, Jackson Brown and John McCain, and Tom Morello and Paul Ryan can attest, the exploitation of creative works for political or commercial purposes that run contrary to artists' ideals can stir passions and trigger lawsuits. Yet for performers who are not authors of the exploited works, there is little meaningful legal relief provided by the federal Copyright Act. Instead, such performers--from featured singers and dancers to actors and other personalities known for their distinctive traits--have leaned on alternative theories for recovery, thereby raising the specter of liability outside of copyright law for such unwelcome …
Performance Royalties For Sound Recordings On Terrestrial Radio: A Private Solution To A Public Problem, J. P. Urban
Performance Royalties For Sound Recordings On Terrestrial Radio: A Private Solution To A Public Problem, J. P. Urban
Vanderbilt Journal of Entertainment & Technology Law
US copyright law provides for a digital performance right in sound recordings but does not provide for a performance right in sound recordings when broadcast over terrestrial radio. Proponents of this asymmetry posit that the difference relates to the promotional value of terrestrial radio to record labels, but this rationale has eroded in recent years. The recording industry experienced a drastic decline at the turn of the millennium, and record labels have attempted many creative approaches to bridging the profit gap. Major labels and radio conglomerates of late have begun negotiating private contracts that effectively extend the benefits of a …