Arts Management Commons^™

“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho

Washington Journal of Law, Technology & Arts

With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …

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

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.

Intellectual Property In The Digital Streaming Age: How Music Becomes A Lawsuit, Alexandra Tasev

Honors College Theses

A mix of both entertainment business and law, the purpose of this review is to address the question of “are current copyright laws and procedures too restrictive of new and smaller-name artists from entering the market?” Through a law review and analysis of the history of copyright law, this thesis outlines the issues new, smaller music artists face as a result of rapid digital evolution paired with a slow-moving legal system. Failing to amend the current standards for dealing with old copyright cases will cause further issues with the growing popularity of digital platforms like YouTube, Soundcloud, Spotify, and TikTok. …

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

Georgia Journal of Law & Technology

No abstract provided.

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 …

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 …

Hey, He Stole My Copyright: Putting Theft On Trial In The Tenenbaum Copyright Case, Peter J. Karol

Law Faculty Scholarship

This article approaches the well-publicized Joel Tenenbaum copyright case through an analysis of its highly-charged trial rhetoric. In particular, it argues that the case as tried was not really about Joel Tenenbaum or his actions. Rather, the trial was about whether, and to what extent, peer-to-peer (“P2P”) file sharing is “theft,” and the P2P sharer a “thief.” So approached, the case provides a captivating, perhaps unique, academic case study on the power of theft rhetoric in a copyright trial as advanced before a jury.

It first introduces the Tenenbaum litigation generally, and its place in the recording companies’ broad attack …