Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Intellectual Property Law
Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz
Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz
The Journal of Business, Entrepreneurship & the Law
This Comment discusses whether the IRFA would be the appropriate solution to the inequities in current copyright law as it pertains to digital music. Part I of this Comment will provide a more in-depth discussion of the history of copyright law and music distribution. It will examine the implications of the 1971 Sound Recording Act, the 1976 Copyright Act, and the Digital Performance Right in Sound Recordings Act of 1995. Part II will provide a critique of the current state of the law, including a look at the Digital Millennium Copyright Act of 1998 and its effects on the respective …
Is There Ever A Reason To Know? A Comparison Of The Contributory Liability "Knowledge" Standard For Websites Hosting Infringed Trademarked Content Versus Infringed Copyrighted Content, Rachel N. Agress
The Journal of Business, Entrepreneurship & the Law
The doctrines of contributory copyright liability and contributory trademark liability are both based on the confluence of basic tort liability and the policy goal of encouraging innovation and commerce. Because the two concepts sometimes conflict, courts have struggled to create a comprehensive body of law to reach a reconciliation. The doctrine of contributory copyright liability evolved through a rich body of case law that was subsequently supplemented by the legislatively enacted Digital Millennium Copyright Act (DMCA). In contrast, the doctrine of contributory trademark liability is a purely common law doctrine and has not witnessed legislative intervention. This article posits that …