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Entertainment, Arts, and Sports Law Commons

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Full-Text Articles in Entertainment, Arts, and Sports Law

Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray Jan 2021

Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray

Catholic University Journal of Law and Technology

The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of …


Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd Nov 2015

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Journal of Intellectual Property Law

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 Jan 2015

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 …


Debunking The Top Three Myths Of Digital Sampling: An Endorsement Of The Bridgeport Music Court's Attempt To Afford "Sound" Copyright Protection To Sound Recordings, Tracy Reilly Dec 2007

Debunking The Top Three Myths Of Digital Sampling: An Endorsement Of The Bridgeport Music Court's Attempt To Afford "Sound" Copyright Protection To Sound Recordings, Tracy Reilly

Tracy Reilly

In sharp contrast with the majority of legal scholarship on the subject matter, this article asserts that, since the emergence of digital sampling technology in the 1970’s, courts and legal scholars alike have failed to fully appreciate the true nature and consequences of allowing legally unchecked digital sampling—that is, until the Sixth Circuit decision in Bridgeport Music, Inc. v. Dimension Films, holding that defendants’ unlicensed sampling of three notes of a copyrighted sound recording constituted a per se infringement. This decision marked the first time a court hearing a sampling case truly discerned the subtle but existent differences between sampling …


A Bright Line At Any Cost: The Sixth Circuit Unjustifiably Weakens The Protection For Musical Composition Copyrights In Bridgeport Music V.Dimension Films, Michael J. Galvin Jan 2007

A Bright Line At Any Cost: The Sixth Circuit Unjustifiably Weakens The Protection For Musical Composition Copyrights In Bridgeport Music V.Dimension Films, Michael J. Galvin

Vanderbilt Journal of Entertainment & Technology Law

On June 3, 2005, the Sixth Circuit issued its final amended opinion in Bridgeport Music v. Dimension Films,' in which it held that any amount of unauthorized digital sampling from a sound recording is per se copyright infringement. The court justified this ruling on what it termed a "literal reading" of Section 114 of the Copyright Act, which covers the rights a copyright holder has in a sound recording. While such a bright-line rule may have some superficial appeal, the court's efforts at harmonizing current music industry practices with copyright laws written long before such practices were commonplace has resulted …