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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 18 of 18
Full-Text Articles in Entertainment, Arts, and Sports Law
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross
University of Miami Business Law Review
The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with an intent to …
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
University of Miami Business Law Review
This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this split in …
“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence
“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence
University of Miami Business Law Review
The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn of the century. …
Mickey Mouse Emeritus: Character Protection And The Public Domain, Jessica Litman
Mickey Mouse Emeritus: Character Protection And The Public Domain, Jessica Litman
University of Miami Entertainment & Sports Law Review
No abstract provided.
Licensing And Merchandising Of Characters: Art Law Topic For Aals 1994, Phillip Edwards Page
Licensing And Merchandising Of Characters: Art Law Topic For Aals 1994, Phillip Edwards Page
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Methuselah Factor: When Characters Outlive Their Copyrights, Leslie A. Kurtz
The Methuselah Factor: When Characters Outlive Their Copyrights, Leslie A. Kurtz
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke
The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke
University of Miami Entertainment & Sports Law Review
No abstract provided.
Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan
Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan
University of Miami Entertainment & Sports Law Review
No abstract provided.
Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores
Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton
The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton
University of Miami Entertainment & Sports Law Review
No abstract provided.
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
University of Miami Entertainment & Sports Law Review
No abstract provided.
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
University of Miami Entertainment & Sports Law Review
No abstract provided.
Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher
University of Miami Entertainment & Sports Law Review
No abstract provided.
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
University of Miami Entertainment & Sports Law Review
No abstract provided.
Colorization: Removing The Green, Richard T. Kilgore
Colorization: Removing The Green, Richard T. Kilgore
University of Miami Entertainment & Sports Law Review
No abstract provided.
Imperfect Property: Defective Protection For Bona Fide Purchasers Of Copyrights, Brenda J. Saunders
Imperfect Property: Defective Protection For Bona Fide Purchasers Of Copyrights, Brenda J. Saunders
University of Miami Entertainment & Sports Law Review
No abstract provided.