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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 2 of 2

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

Disruption And Deference, Olivier Sylvain Jan 2015

Disruption And Deference, Olivier Sylvain

Faculty Scholarship

Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution ...


Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii Jan 2015

Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii

Oklahoma Law Review

This Article presents an empirical study of digital sampling’s effect on the sales of copyrighted songs and how this effect should influence the fair use analysis. To conduct this research, a group of previously sampled songs was identified and sales information for these songs was collected. The over 350 songs sampled in musician Gregg Gillis’s (also known as Girl Talk’s) most recent album presents an ideal dataset because the album’s instantaneous popularity allows for its influence to be analyzed through a comparison of the sampled songs’ sales immediately before and after release. Collecting and comparing sales ...