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Entertainment, Arts, and Sports Law Commons

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

Copyright And The Tragedy Of The Common, Tracy Reilly Dec 2013

Copyright And The Tragedy Of The Common, Tracy Reilly

Tracy Reilly

In his 1968 article, The Tragedy of the Commons, biologist Garret Hardin first described his theory on the ecological unsustainability of collective human behavior, claiming that commonly held real property interests would not ultimately be supportable due to the competing individual interests of all who use the property. In the legal field, Hardin’s article is frequently cited to support various theories related to real property and environmental law issues such as ownership, redistribution of wealth, pollution, over population, and global warming. Most scholars claim that a tragedy of the commons does not exist in intellectual property-related goods due to ...


Debunking The Top Three Myths Of Digital Sampling: An Endorsement Of The Bridgeport Music Court's Attempt To Afford "Sound" Copyright Protection To Sound Recordings, Tracy Reilly Dec 2007

Debunking The Top Three Myths Of Digital Sampling: An Endorsement Of The Bridgeport Music Court's Attempt To Afford "Sound" Copyright Protection To Sound Recordings, Tracy Reilly

Tracy Reilly

In sharp contrast with the majority of legal scholarship on the subject matter, this article asserts that, since the emergence of digital sampling technology in the 1970’s, courts and legal scholars alike have failed to fully appreciate the true nature and consequences of allowing legally unchecked digital sampling—that is, until the Sixth Circuit decision in Bridgeport Music, Inc. v. Dimension Films, holding that defendants’ unlicensed sampling of three notes of a copyrighted sound recording constituted a per se infringement. This decision marked the first time a court hearing a sampling case truly discerned the subtle but existent differences ...