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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 3 of 3
Full-Text Articles in Entertainment, Arts, and Sports Law
Guerrilla Radio: Has The Time Come For A Full Performance Right In Sound Recordings?, Lauren E. Kilgore
Guerrilla Radio: Has The Time Come For A Full Performance Right In Sound Recordings?, Lauren E. Kilgore
Vanderbilt Journal of Entertainment & Technology Law
Musicians and songwriters occupy a unique place in society as purveyors of composition and expression that impart an intangible benefit to society. Understanding the value of "Science and useful Arts," the Founders provided Constitutional protection for individuals spending time, money, and energy pursuing creative endeavors. Music defines generations and pivotal moments in history, and has rightfully taken its place at the forefront of human expression. When music began reaching the masses in the early twentieth century, both record labels and radio, even in its infancy, helped propel artists to the national spotlight. Johnny Cash, Ray Charles, and Pearl Jam all …
Dead On The Vine: Living And Conceptual Art And Vara, Charles Cronin
Dead On The Vine: Living And Conceptual Art And Vara, Charles Cronin
Vanderbilt Journal of Entertainment & Technology Law
The Visual Artists Rights Act of 1990 (VARA) broadened general copyright protection under U.S. law by granting to artists who have created certain copyrightable physical works of visual art, the moral rights of attribution and integrity. Since the time of VARA's enactment (and for some time before) many artists have worked with unconventional genres and media to produce art that is not comfortably accommodated among the visual art works contemplated by VARA. An increasing number of recent works of Conceptual and Appropriationist Art raise doubts about fixation and original expression, both of which are required for copyrightability which, in turn, …
Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?, Jasmina Zecevic
Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?, Jasmina Zecevic
Vanderbilt Journal of Entertainment & Technology Law
Part I of this paper discusses the characteristics that make literary characters especially difficult to protect. Part II describes the historical treatment of literary characters and the two main tests used to determine whether they are entitled to independent copyright protection. Part III demonstrates that the two tests currently used are not adequate tools for determining when copyright law protects literary characters. Part IV explores the possibility of using trademark and unfair competition laws to offer partial protection to fictional characters. Part V presents an argument that literary characters do not need independent protection because they are already sufficiently protected …