Entertainment, Arts, and Sports Law Commons^™

Owning Music: From Publisher's Privilege To Composer's Copyright, Michael W. Carroll

ExpressO

More than four years after Napster demonstrated the power of the Internet as a means of distributing music, we still are in the midst of a cultural and legal debate about what the respective rights of music copyright owners, follow-on creators, disseminators, and purchasers should be. A common assumption underlying much of the debate is that whatever settlement emerges, it will apply equally to all forms of expression. This Article questions that assumption by investigating the early history of copyright in music.

For the first time in legal scholarship, the Article reveals and examines the distinct early history of copyright …

Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet

ExpressO

No abstract provided.

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …

Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel

Jonathan Yovel

By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration and …

Two Concepts Of Liberty Valance: John Ford, Isaiah Berlin, And Tragic Choice On The Frontier, 37 Creighton L. Rev. 471 (2004), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …

The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley

Articles in Law Reviews & Other Academic Journals

In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …