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Entertainment, Arts, and Sports Law Commons™
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Full-Text Articles in Entertainment, Arts, and Sports Law
Digital Sampling V. Appropriation Art: Why Is One Stealing And The Other Fair Use? A Proposal For A Code Of Best Practices In Fair Use For Digital Music Sampling, Melissa Eckhause
Digital Sampling V. Appropriation Art: Why Is One Stealing And The Other Fair Use? A Proposal For A Code Of Best Practices In Fair Use For Digital Music Sampling, Melissa Eckhause
Missouri Law Review
This Article examines the disparate treatment of music and visual arts sampling under copyright law. Not only does this Article argue that the more liberal fair use principles adopted in recent visual arts cases should be applied to digital music sampling, but it also sets forth a preliminary Code of Best Practices in Fair Use for Digital Music Sampling (“Digital Music Sampling Code”).
Authors And Machines, Jane C. Ginsburg, Luke Ali Budiardjo
Authors And Machines, Jane C. Ginsburg, Luke Ali Budiardjo
Faculty Scholarship
Machines, by providing the means of mass production of works of authorship, engendered copyright law. Throughout history, the emergence of new technologies tested the concept of authorship, and courts in response endeavored to clarify copyright’s foundational principles. Today, developments in computer science have created a new form of machine, the “artificially intelligent” (AI) system apparently endowed with “computational creativity.” AI systems introduce challenging variations on the perennial question of what makes one an “author” in copyright law: Is the creator of a generative program automatically the author of the works her process begets, even if she cannot anticipate the contents …