Open Access. Powered by Scholars. Published by Universities.®

Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

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

Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin Dec 2005

Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis Oct 2005

Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis

American University Law Review

No abstract provided.


Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen Jun 2005

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz Jun 2005

Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen Jun 2005

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz Jun 2005

Martignon And Kiss Catalog: Can Live Performances Be Protected?, Brian Danitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller Mar 2005

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian Mar 2005

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller Mar 2005

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian Mar 2005

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton Mar 2005

Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly Mar 2005

Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton Mar 2005

Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly Mar 2005

Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett Jan 2005

The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the bright-line rule announced in Bridgeport Music should not apply where the disputed digital sample appropriates only the "sonic" ideas of the original work. The main thrust of this argument is that the Sixth Circuit's holding in Bridgeport Music is inapplicable where the disputed copying is a protected exercise of "fair use" reverse engineering; that is, where copying is necessary to appropriate the "sonic" ideas embodied in the sampled work.

Part II of this Note presents a brief history of digital sampling, including its application in the Hip-Hop musical genre. Part III presents a walkthrough of …


"It's Mine! No, It's Mine! No, It's Mine!" Works-Made-For-Hire, Section 203 Of The Copyright Act, And Sound Recordings, Adam H. Dunst Jan 2005

"It's Mine! No, It's Mine! No, It's Mine!" Works-Made-For-Hire, Section 203 Of The Copyright Act, And Sound Recordings, Adam H. Dunst

Vanderbilt Journal of Entertainment & Technology Law

Under Section 203 of the 1976 Copyright Act, assignments of copyrights by authors after January 1, 1978, are subject to termination starting 35 years through 40 years after the date of the grant, regardless of any term stated in the agreement. Congress intended that authors have the opportunity to repossess copyrights and enjoy future rewards of their creative works at a point in time when they have a better sense of their works' values and more bargaining power. This "second bite at the apple" protects authors from transfers for which they were inadequately compensated. To protect authors' interests, the Copyright …


Termination Rights And The Real Songwriters, Geoffrey P. Hull Jan 2005

Termination Rights And The Real Songwriters, Geoffrey P. Hull

Vanderbilt Journal of Entertainment & Technology Law

Collaboration--the act of more than one songwriter writing a song--has seldom, if ever, been more popular or prevalent in popular music. A perusal of a recent Billboard Hot 100 singles chart revealed that 85 of the charted songs had more than one writer in their credits. Of the fifteen with single writer credits, thirteen were by the recording artists. The other two were remakes of decades-old hits. More often than not, especially on the pop charts, some of the co-writers are the recording artists or the producers of the recording. Many times these artist and producer co-writers have actually written …


A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle Jan 2005

A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle

Seattle University Law Review

This article explains the evolution of the fair use doctrine, which historically prevented copyright holders from having too much control over their works by allowing certain legal and non-infringing fair uses of protected works. Part II explains how the United States Supreme Court developed the Betamax standard to apply the doctrine of fair use to a new technology: home video recorders. Part II also addresses how fair use and the Betamax standard might apply to digital technologies. Part III explains how the DMCA effectively abolished the defense of fair use and its application under the Betamax standard. Finally, Part IV …