Entertainment, Arts, and Sports Law Commons^™

Long Overdue? An Exploration Of The Status And Merit Of A General Public Performance Right In Sound Recordings, Matthew S. Delnero

Vanderbilt Journal of Entertainment & Technology Law

In the sound recording performance rights debate, positions advocated by broadcasters are the polar opposite of those taken by recording artists and labels. Considering all the factors, it is likely that neither claim is entirely meritorious. Both are too extreme to be supported by available evidence. Radio broadcasters ignore what would amount to at least some international harmonization and added foreign royalties, as well as the potential creation of new works that would not be economically viable without a performance royalty. Furthermore, broadcasters fail to adequately account for the possible inequity of granting performance royalties to those who compose music …

Satellite Wars: Culture Vs. Expression, Alex Colangelo

Vanderbilt Journal of Entertainment & Technology Law

This Article first describes satellite technology and the process by which Canadians access American satellite broadcasts. It then examines the competing issues of preservation of Canadian business and culture, versus the freedom of expression as set forth in section 2(b) of the "Canadian Charter of Rights and Freedoms" (hereinafter "Charter"). Next, the Article considers case law preceding Bell ExpressVu, and presents an examination of the findings of the Supreme Court of Canada in Bell ExpressVu. The Article will then argue that the Supreme Court incorrectly found that there existed no ambiguity in the various interpretations of section 9(l)(c), and that …

The Balance Between Recording Artists And Recording Companies: A Tip In Favor Of The Artists?, Nicholas Baumgartner

Vanderbilt Journal of Entertainment & Technology Law

To protest the 1999 Copyright Act amendment, recording artists Don Henley and Sheryl Crow, among others, co-founded the RAC. While formed to serve as a "voice for artists' rights," the primary impetus behind its founding was to lobby Congress to delete sound recordings from the definition of "works made for hire" in the Copyright Act. Together with intense lobbying by AFTRA, individual recording artists and legal scholars, the RAC succeeded--in October 2000, sound recordings were removed from the definition of "works made for hire."

The momentum gained by artists in this lobbying effort inspired an attack on the other proverbial …

Fiduciary Duty: Can It Help Calm The Fears Of Underpaid Artists?, Wendy Bartholomew

Vanderbilt Journal of Entertainment & Technology Law

The purpose of this note is to examine the legal causes and consequences of what many consider poor label accounting practices, and to propose a solution: imposing a duty on record labels to correctly and transparently collect and distribute artist royalties. If labels operate under a fiduciary duty to their artists when receiving and paying royalties, artists will get paid what they are due. If they are not, artists will have viable remedies available to them--remedies that create an incentive for labels to make positive changes in the way they handle royalty accounting. This will, in turn, work to repair …

The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook

Vanderbilt Journal of Entertainment & Technology Law

The success of digital distribution depends on various factors that shape today's music industry. Part I will examine the traditional method of releasing an album and its impact on the duration of recording agreements. This section will focus on the recent legislative debate within California and will illuminate problems regarding the duration of a standard recording contract. Part II investigates modern methods of distribution and whether digital distribution is a viable alternative for the retail of music. Part III discusses innovative marketing models that could reduce costs associated with an album's release. Part IV examines barriers that the music industry …

The Reality Of Fantasy: Addressing The Viability Of A Substantive Due Process Attack On Florida's Purported Stance Against Participation In Fantasy Sports Leagues That Involve The Exchange Of Money, Neville F. Dastoor

Vanderbilt Journal of Entertainment & Technology Law

Fantasy sports leagues have swept the nation and have become a favorite pastime for millions of Americans. For a large portion of fantasy participants, the experience is shared with an intimate group and provides a means for maintaining relationships after ways have been parted. College and high school friends are able to stay connected in a fun and competitive way. For providers, fantasy sports leagues provide a profitable business opportunity in a thriving market. Florida's position of regulation, articulated by an Attorney General's advisory opinion that has never been challenged or refuted, unreasonably attacks these intimate associations. By this assumed …

Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore

Vanderbilt Journal of Entertainment & Technology Law

The music industry is an interesting phenomenon. It is a world that exists on image--and everyone has a say. For that very reason, the music industry is no stranger to critics. At its heart, they are what the industry is all about. Critics are the driving force in the business--their written and verbal exchange of ideas predicts the rise and fall of stars. Critics come in all shapes and sizes--they are the everyday consumer, the media at large, the hopeful artist, the record company executive, the legal scholar, and even our nation's government. This article will take you on a …

The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss

Vanderbilt Journal of Entertainment & Technology Law

This paper seeks a resolution between the need to eliminate copyright infringement and the desire to encourage new technology. This paper will suggest that the music industry would be better off directing resources toward solutions such as compulsory licensing, royalty collection, and working with hardware manufacturers to discourage copyright infringement. These solutions would allow the industry to take advantage of file sharing now rather than expending resources in court where the desired result of ending P2P programs may never come.

Making A Mountain Out Of A Mogul: Jeremy Bloom V. Ncaa And Unjustified Denial Of Compensation Under Ncaa Amateurism Rules, Gordon G. Gouveia

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the NCAA's interpretation of the amateurism provisions of the NCAA Division I Manual, with respect to Jeremy Bloom, is unreasonable, particularly in light of the NCAA's treatment of other dual-sport professional athletes. Consequently, the NCAA should create an exception to its amateurism provisions allowing Bloom and similarly-situated student-athletes to earn income from sources unrelated to the amateur sport in which they compete. Furthermore, since the NCAA Bylaws constitute a contract to which student-athletes are third-party beneficiaries, courts should provide a forum to ensure the consistent and equitable application of the provisions of that contract. Part I …

Business, The Arts & The Role Of The Copyright Act, Keith C. Hauprich

Vanderbilt Journal of Entertainment & Technology Law

Two recent court decisions examined, addressed, and adjudicated parallel issues potentially determining the scope of rights of legions of recording artists and freelance authors. While the core of each case centered on the fact that the agreements between each of the respective litigants did not expressly grant (or reserve) the exercise of the particular rights in dispute, the decisions of the courts have seemingly antithetical results. A review of each court's application of the governing law to the disparate facts of each case presents an interesting illustration of the relationship among business, the arts, and the role of the Copyright …