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Entertainment, Arts, and Sports Law Commons™
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Full-Text Articles in Entertainment, Arts, and Sports Law
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Seattle University Law Review
Courts have consistently struggled to adopt a test that appropriately interprets the Copyright Act’s language protecting works of art incorporated into useful articles. The analysis that allows protections of these works of art is called “separability,” and it has been an ambiguous area of copyright law since its inception. In essence, this analysis gives copyright protection to a work of art incorporated into a useful article as long as the work of art is “separate” from the utilitarian aspects of the useful article. The Supreme Court was positioned to end the uncertainty surrounding the separability analysis in its recent decision, …
Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer
Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer
Michigan Telecommunications & Technology Law Review
Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet …
No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman
No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman
The Journal of Business, Entrepreneurship & the Law
No abstract provided.