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Full-Text Articles in Entertainment, Arts, and Sports Law
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
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 …
Dealing With Casual Piracy: Limiting Distribution Of Copyrighted Content With Digital Rights Management, Bimal J. Rajkomar
Dealing With Casual Piracy: Limiting Distribution Of Copyrighted Content With Digital Rights Management, Bimal J. Rajkomar
Vanderbilt Journal of Entertainment & Technology Law
This article argues that it is possible to implement DRM schemes without eroding the public's trust by offering consumers a choice between technologically-restricted and unrestricted content. Part I discusses how DRM have harmed voluntary compliance with the law. Part II examines the biggest copyright governance issue confronting peer-to-peer networks: casual piracy. Part III explain show a bifurcated licensing scheme can allow content providers to benefit from DRM without incurring its usual costs. Note that some music distributors and labels have begun to adopt this licensing structure.
Changing Seasons, Changing Times: The Validity Of Nontraditional Sports Seasons Under Title Ix And The Equal Protection Clause, Jane Hefferan
Changing Seasons, Changing Times: The Validity Of Nontraditional Sports Seasons Under Title Ix And The Equal Protection Clause, Jane Hefferan
Vanderbilt Journal of Entertainment & Technology Law
Part I addresses the historical and legal significance of Title IX and the Equal Protection Clause of the Fourteenth Amendment as applied to female athletics. Part II then provides an overview of the landmark litigation in the continuing legal saga of Communities for Equity v. MHSAA, detailing the claims presented by the plaintiffs and the defenses offered by the MHSAA in justification of its policy. Part III then examines the recent trend of Title IX litigation in federal courts in light of this most recent Sixth Circuit ruling. After almost ten years of litigation, the combination of holdings in the …
Defending Artistry By Deleting "Dead Capital:" Sony, Grokster, And The Supreme Court's Lost Opportunity To Eradicate The "Substantial Non-Infringing Use" Doctrine, Joshua E. Carpenter
Defending Artistry By Deleting "Dead Capital:" Sony, Grokster, And The Supreme Court's Lost Opportunity To Eradicate The "Substantial Non-Infringing Use" Doctrine, Joshua E. Carpenter
Vanderbilt Journal of Entertainment & Technology Law
The administration of copyright law manages the trade-off between the benefits derived from encouraging the creation of works and artistic protection and the cost of restricting access. Copyright law cannot work without a strong legal system that strictly reads the rights granted to those seeking the law's protection and against those seeking to find creative ways to avert the law's protections. Ironically, certain technology providers want protection against others' infringement on their technological creations, but they accept that their businesses base themselves on eroding the value of another's hard work and innovation. Sony allows technology companies to hide behind the …