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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 23 of 23
Full-Text Articles in Entertainment, Arts, and Sports Law
Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin
Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
American University Law Review
No abstract provided.
Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer
Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer
ExpressO
No abstract provided.
Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen
Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz
Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen
Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz
Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Utility Of A Bright-Line Rule In Copyright Law: Freeing Judges From Aesthetic Controversy And Conceptual Separability In Leicester V. Warner Bros., John B. Fowles
ExpressO
No abstract provided.
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton
Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly
Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton
Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly
Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
ExpressO
Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was …
Judging Art, Christine Farley
Judging Art, Christine Farley
Articles in Law Reviews & Other Academic Journals
What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …
The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett
The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett
Vanderbilt Journal of Entertainment & Technology Law
This Note argues that the bright-line rule announced in Bridgeport Music should not apply where the disputed digital sample appropriates only the "sonic" ideas of the original work. The main thrust of this argument is that the Sixth Circuit's holding in Bridgeport Music is inapplicable where the disputed copying is a protected exercise of "fair use" reverse engineering; that is, where copying is necessary to appropriate the "sonic" ideas embodied in the sampled work.
Part II of this Note presents a brief history of digital sampling, including its application in the Hip-Hop musical genre. Part III presents a walkthrough of …
"It's Mine! No, It's Mine! No, It's Mine!" Works-Made-For-Hire, Section 203 Of The Copyright Act, And Sound Recordings, Adam H. Dunst
"It's Mine! No, It's Mine! No, It's Mine!" Works-Made-For-Hire, Section 203 Of The Copyright Act, And Sound Recordings, Adam H. Dunst
Vanderbilt Journal of Entertainment & Technology Law
Under Section 203 of the 1976 Copyright Act, assignments of copyrights by authors after January 1, 1978, are subject to termination starting 35 years through 40 years after the date of the grant, regardless of any term stated in the agreement. Congress intended that authors have the opportunity to repossess copyrights and enjoy future rewards of their creative works at a point in time when they have a better sense of their works' values and more bargaining power. This "second bite at the apple" protects authors from transfers for which they were inadequately compensated. To protect authors' interests, the Copyright …
Termination Rights And The Real Songwriters, Geoffrey P. Hull
Termination Rights And The Real Songwriters, Geoffrey P. Hull
Vanderbilt Journal of Entertainment & Technology Law
Collaboration--the act of more than one songwriter writing a song--has seldom, if ever, been more popular or prevalent in popular music. A perusal of a recent Billboard Hot 100 singles chart revealed that 85 of the charted songs had more than one writer in their credits. Of the fifteen with single writer credits, thirteen were by the recording artists. The other two were remakes of decades-old hits. More often than not, especially on the pop charts, some of the co-writers are the recording artists or the producers of the recording. Many times these artist and producer co-writers have actually written …
The Struggle For Music Copyright, Michael W. Carroll
The Struggle For Music Copyright, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than …
A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle
A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle
Seattle University Law Review
This article explains the evolution of the fair use doctrine, which historically prevented copyright holders from having too much control over their works by allowing certain legal and non-infringing fair uses of protected works. Part II explains how the United States Supreme Court developed the Betamax standard to apply the doctrine of fair use to a new technology: home video recorders. Part II also addresses how fair use and the Betamax standard might apply to digital technologies. Part III explains how the DMCA effectively abolished the defense of fair use and its application under the Betamax standard. Finally, Part IV …