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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- University of Georgia School of Law (6)
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- Fordham Law School (3)
- Pepperdine University (3)
- Touro University Jacob D. Fuchsberg Law Center (2)
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- University of Michigan Law School (2)
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- Barry University School of Law (1)
- Cleveland State University (1)
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- New York Law School (1)
- Seattle University School of Law (1)
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- Journal of Intellectual Property Law (5)
- Faculty Scholarship (4)
- Fordham Intellectual Property, Media and Entertainment Law Journal (3)
- The Journal of Business, Entrepreneurship & the Law (2)
- Touro Law Review (2)
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- Vanderbilt Journal of Entertainment & Technology Law (2)
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- Marquette Intellectual Property Law Review (1)
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- Michigan Telecommunications & Technology Law Review (1)
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Articles 1 - 29 of 29
Full-Text Articles in Entertainment, Arts, and Sports Law
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Seattle University Law Review
Courts have consistently struggled to adopt a test that appropriately interprets the Copyright Act’s language protecting works of art incorporated into useful articles. The analysis that allows protections of these works of art is called “separability,” and it has been an ambiguous area of copyright law since its inception. In essence, this analysis gives copyright protection to a work of art incorporated into a useful article as long as the work of art is “separate” from the utilitarian aspects of the useful article. The Supreme Court was positioned to end the uncertainty surrounding the separability analysis in its recent decision, …
Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne
Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne
The Journal of Business, Entrepreneurship & the Law
This note will attempt to shed light on the question of what kind of protection copyright law affords VR experiences. Part II discusses the nature of VR experiences and their implementation through specifically tailored VR technology. Part III provides an overview of copyright protection, its limitations, and specifically the history of the copyrightability of computer programs. Parts IV and V outline case law relevant to the discussion of the copyrightability of different types of VR experiences and how that case law similarly or dissimilarly apply to the protection of VR experiences. Part IV focuses on protecting VR experiences as a …
Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer
Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer
Michigan Telecommunications & Technology Law Review
Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet …
Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey
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 …
Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene
Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene
Maine Law Review
This Note addresses [the perpetual copyright limitations period under Federal Law]—specifically, how it came to be, its current application, and what can be done about it. In Part II, this Note gives the background information of the case-in-chief, Skidmore v. Led Zeppelin, and briefly idenitifies its relevant holdings. Part III provides an outline of substantive copyright law, focusing on the subject matter of works protected under the law, the scope of those protections, and the legal basis of musical work infringement claims. Last, in Part III, this Note looks to Skidmore's application of this substantive law. Part IV explores the …
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
Journal of Intellectual Property Law
No abstract provided.
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Journal of Intellectual Property Law
No abstract provided.
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
Journal of Intellectual Property Law
No abstract provided.
"Hasta La Vista, Funny Guys": Arnold Schwarzenegger's Fictional Voice Misappropriation Lawsuit Against Comedians Imitating His Voice And The Case For A Federal Right Of Publicity Statute, Blair Joseph Cash
Journal of Intellectual Property Law
No abstract provided.
Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt
Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt
Journal of Intellectual Property Law
No abstract provided.
Fair Use And The New Transformative, Brian Sites
Fair Use And The New Transformative, Brian Sites
Faculty Scholarship
No abstract provided.
Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii
Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii
Oklahoma Law Review
This Article presents an empirical study of digital sampling’s effect on the sales of copyrighted songs and how this effect should influence the fair use analysis. To conduct this research, a group of previously sampled songs was identified and sales information for these songs was collected. The over 350 songs sampled in musician Gregg Gillis’s (also known as Girl Talk’s) most recent album presents an ideal dataset because the album’s instantaneous popularity allows for its influence to be analyzed through a comparison of the sampled songs’ sales immediately before and after release. Collecting and comparing sales information for these songs …
The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley
The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley
Scholarly Works
The Visual Artists Rights Act (VARA) was enacted by Congress in 1990 in order to bring our laws into compliance with Article 6bis of the Berne Convention and to acknowledge that protecting moral rights will foster “a climate of artistic worth and honor that encourages the author in the arduous act of creation.” The passage of this legislation is said to show Congress’s “belief that the art covered by the Act ‘meet[s] a special societal need, and [its] protection and preservation serves an important public interest.’”
Notwithstanding these lofty statements about artistic worth, honor and encouraging creation, VARA is a …
Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby
Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby
Pepperdine Law Review
No abstract provided.
Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12
Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12
NYLS Law Review
No abstract provided.
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman
No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman
Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman
Touro Law Review
No abstract provided.
Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg
Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg
Faculty Scholarship
Calculating the duration of US copyright in audiovisual works can be a daunting task, complicated by issues of transitional law spanning the US Copyright Acts of 1909 and 1976 and the latter’s subsequent amendments. Readers with an inclination for complexity will find their tastes amply satisfied when inquiry turns to the questions of private international law that also come into play when foreign audiovisual works are at issue. Gluttons for punishment will further relish addressing the relationship of the duration of copyright in an audiovisual work to the duration of copyright in the underlying literary work on which the film …
User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg
User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg
Faculty Scholarship
This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor are …
Copytraps, Ned Snow
Copytraps, Ned Snow
Indiana Law Journal
Congress has unintentionally evoked copytraps, which exact thousands of dollars from the Internet user who innocently buys music without knowing that it infringes copyright. Copytraps arise when Web sites lure innocent users into downloading expression that seems legal but is actually infringing. Regardless of whether the Web site appears legitimate, whether a user's good-faith belief is reasonable, or whether the Web site owner is unaware that the material is infringing, users who download infringing material face strict liability punishment, and the penalties are severe. It is entrapment, with the spoils from the innocent going to large corporate copyright holders. The …
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne
Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Some Catching Up To Do, Kara M. Wolke
Some Catching Up To Do, Kara M. Wolke
Vanderbilt Journal of Entertainment & Technology Law
The analysis begins with a discussion of the purposes behind the WPPT and the international recognition of a general sound recording performance right. Part I discusses Congress' partial implementation of the WPPT through the Digital Millennium Copyright Act of 1998 (DMCA) and the digital performance right. Part II explores the value that recognition of the full public performance right under the WPPT would create for the American music industry. Finally, Part III proposes a solution in the form of an amendment to the Copyright Act and the coordination of national and international performance rights organizations.
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
Faculty Scholarship
The US. Supreme Court in its 2003 decision in Dastar v. Twentieth Century Fox, construing the Lanham Federal Trademarks Act, deprived authors of their principal legal means to enforce attribution rights in the US. I have elsewhere criticized the Dastar Court's analysis, and have urged amending the Copyright Act to provide express recognition of the attribution right. This time, however, I propose to reconsider the foundation for the attribution right; I draw on literary and historical sources to supplement legal arguments concerning the meaning of the author's name. I will suggest that, contrary to the usual characterization of this …
The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher
The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher
Vanderbilt Journal of Entertainment & Technology Law
Digitization and related technologies such as file-sharing software and wireless communications are revolutionizing how intellectual content is distributed and consumed. At the same time, the ways in which consumers have chosen to use this technology are challenging how characteristics of intellectual property ownership are defined. Some of the important rights promised to owners under the Copyright Act may begin to appear as little more than formal guarantees if the explosive trend toward unauthorized copying continues to expand. As a result, the content industry has viewed the ever-expanding footprint of digital media as a mixed blessing. While this technology promises vastly …
A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks
A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Cleveland State Law Review
This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …