Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 3 of 3
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, …
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 …
Disruption And Deference, Olivier Sylvain
Disruption And Deference, Olivier Sylvain
Faculty Scholarship
Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …