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Articles 1 - 7 of 7
Full-Text Articles in Arts Management
Copyright And Copywrong, Noah Granard
Copyright And Copywrong, Noah Granard
Backstage Pass
This paper attempts to offer a critique of the music industry and modern copyright law via analysis/individual case study in order to provide suggestions for possible reform. Topics include: background information and commentary on the status of the public domain, why the current laws/statures hamper creativity, and what steps should be taken next to remedy these issues. In order to both promote new music, while also respecting the intellectual property of artists and groups with existing content, there must be genuine reform at the highest levels; copyright and music industry laws must stem from the basis of supporting artists and …
Letter From The Editor-In-Chief, Keith Hatschek
Letter From The Editor-In-Chief, Keith Hatschek
Backstage Pass
Outgoing Editor-in-Chief, Keith Hatschek, relates what accomplishments the editors of the journal have achieved, as well as previewing the content from this issue.
Sample-Based Hip-Hop Music And Fair Use Laws In The Age Of Streaming Services, Michael Vanbuhler
Sample-Based Hip-Hop Music And Fair Use Laws In The Age Of Streaming Services, Michael Vanbuhler
Senior Theses
This thesis takes an in depth look at the history and processes behind creating sample-based music. Sampling was popularized during the beginnings of hip-hop music and now a wide variety of genres use samples or techniques created by sample-based music. Early hip-hop beats took samples of drum breaks or a portion of a track from another artist or band. As hip-hop grew in the late 80s and early 90s, the use of samples became a question of intellectual property rights and if it was acceptable to sample someone’s copyrighted work. Lawsuits in the early 90’s helped to create new caselaw …
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard
Journal of Intellectual Property Law
No abstract provided.
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Akron Law Faculty Publications
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Ryan G. Vacca
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …