Entertainment, Arts, and Sports Law Commons^™

Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey

Marquette Intellectual Property Law Review

With the passage of the 1976 Copyright Act, sound recordings fixed prior to February 15, 1972 remained under the protection of the state copyright laws where the works were registered. Some incredible culturally significant songs were fixed before February 15, 1972, including songs from “The Beatles, The Supremes, Elvis Presley, Aretha Franklin, Barbara Streisand, and Marvin Gaye.” To date, state law protects the owner’s rights without interference from federal law, including the Digital Millennium Copyright Act (“DMCA”).

Given its location, the Second Circuit significantly influenced the development of intellectual property law in the United States, especially copyright law. Many businesses …

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.

Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen

Journal of Intellectual Property Law

No abstract provided.

Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson

Journal of Intellectual Property Law

No abstract provided.

To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson

Journal of Intellectual Property Law

No abstract provided.

Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz

The Journal of Business, Entrepreneurship & the Law

This Comment discusses whether the IRFA would be the appropriate solution to the inequities in current copyright law as it pertains to digital music. Part I of this Comment will provide a more in-depth discussion of the history of copyright law and music distribution. It will examine the implications of the 1971 Sound Recording Act, the 1976 Copyright Act, and the Digital Performance Right in Sound Recordings Act of 1995. Part II will provide a critique of the current state of the law, including a look at the Digital Millennium Copyright Act of 1998 and its effects on the respective …

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How “Choruss” Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor

Richmond Journal of Law & Technology

A sixty year-old man is delighted when his son shows him how to use Pandora—an interactive, hip Internet radio site that puts the listener in control. Having grown up a huge Louis Armstrong fan, the man quickly selects the jazz singer as one of his “stations.” When listening to this station, Pandora will only play songs by Armstrong and other similar artists for him. When he hears Armstrong’s classic, “What a Wonderful World,” the man immediately clicks the “Thumbs Up” icon, indicating his approval of Pandora’s recommendation. Pandora’s recommendations are drawn from its “Music Genome Project,” a database of song …

Illegal P2p File Sharing On College Campuses--What's The Solution?, Antionette D. Bishop

Vanderbilt Journal of Entertainment & Technology Law

Since the introduction of Napster in 1999, illegal peer-to-peer(P2P) file sharing has been a continuously growing problem for the music industry. According to the music industry, Internet users are allowed to copy and distribute millions of songs and other copyright-protected material illegally by using internet networks and P2P file-sharing software. To stop the illegal P2P file sharing, the music industry has taken action against the individuals who participate in illegal file sharing, as well as the parties that promote and facilitate the illegal activity, by filing numerous lawsuits. The music industry has successfully sought to hold facilitating parties, such as …

How To Give An Old Song A New License: A Recently Adopted Alternative To Rodgers And Hammerstein Organization V. Umg Recordings, Jacqueline M. Allshouse-Hutchens

Kentucky Law Journal

No abstract provided.

An Analysis Of The Recording Industry's Litigation Strategy Against Direct Infringers, Kristina Groennings

Vanderbilt Journal of Entertainment & Technology Law

In the fall of 2003, suing direct infringers may have been the only recourse left to the recording industry. The industry faced a long-term trend of a decrease in sales, due largely to file-sharing. The decline in album sales following the inception of Napster, from 1999 through 2002, had been the most dramatic in the past 30 years. CD sales were down from $13.2 billion in 2000 to $11.2 billion in 2003. The industry's victory in Napster was fleeting, as publicity over the issue increased awareness of peer-to-peer (P2P) technology and users flocked to decentralized networks like Grokster and KaZaa, …

Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba

Michigan Telecommunications & Technology Law Review

Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …

Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton

Richmond Journal of Law & Technology

After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …