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Full-Text Articles in Entertainment, Arts, and Sports Law
Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler
Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler
Duke Law & Technology Review
Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about fair use …
Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel
Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel
Duke Law & Technology Review
If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining that Aereo, an Internet content-streaming company, violated the Copyright Act by infringing on the copyrights of television broadcast networks. The Supreme Court ruled that Aereo's Internet streaming services resembled cable television transmissions too closely. Therefore, by streaming copyrighted programming to its subscribers without the cable compulsory license, Aereo violated the Transmit Clause of the 1976 Copyright Act. Subsequently, Aereo used this Supreme Court …