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The John Marshall Review of Intellectual Property Law

2011

Articles 1 - 3 of 3

Full-Text Articles in Entertainment, Arts, and Sports Law

You Don’T Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, 10 J. Marshall Rev. Intell. Prop. L. 695 (2011), William Henslee, Elizabeth Henslee Jan 2011

You Don’T Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, 10 J. Marshall Rev. Intell. Prop. L. 695 (2011), William Henslee, Elizabeth Henslee

The John Marshall Review of Intellectual Property Law

Many recording artists and songwriters never reap the rewards of their work. America’s first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as “one group of creators who get ripped off more than anybody else in any other industry”. As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation ...


The Need For Originality: Music Infringement In India, 11 J. Marshall Rev. Intell. Prop. L. 169 (2011), Harini Ganesh Jan 2011

The Need For Originality: Music Infringement In India, 11 J. Marshall Rev. Intell. Prop. L. 169 (2011), Harini Ganesh

The John Marshall Review of Intellectual Property Law

For decades, the Indian film industry has copied tunes from Western copyrighted works and created unauthorized derivatives. As the music and motion picture industries in the United States started taking notice of this copyright infringement, so too did Indian music directors as domestic infringers profited from copying. Despite the existence of an enacted copyright statute in India, and the nation’s membership with various international intellectual property treaties and conventions, enforcement continues to be poor. This lack of protection allows high-profile music directors in the Indian film industry to get away with copyright infringement. This comment proposes that India must ...


The Throw Down Over Takedowns: An Analysis Of The Lenz Interpretation Of 17 U.S.C. § 512(F), 10 J. Marshall Rev. Intell. Prop. L. 792 (2011), Ian Rubenstrunk Jan 2011

The Throw Down Over Takedowns: An Analysis Of The Lenz Interpretation Of 17 U.S.C. § 512(F), 10 J. Marshall Rev. Intell. Prop. L. 792 (2011), Ian Rubenstrunk

The John Marshall Review of Intellectual Property Law

Recently, a YouTube user and mother of two, Stephanie Lenz, filed a lawsuit against Universal Music Corporation which had the potential for broad impact on the internet. Everyone from politicians, to teachers, to musical artists could have gained more protection of their rights as internet users. With millions of people having access to the internet and YouTube “vloggers” reaching the million mark in subscribers, the court’s interpretation of 17 U.S.C. § 512(f) could have had a significant impact. The issue in the case was what “any damages” meant in a clause creating liability for a party that ...