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Full-Text Articles in Law
Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines
Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines
Michigan Journal of Race and Law
This Note begins with a discussion of copyright law and then examines Black musical traditions and how they have conflicted with American copyright law through the years. Part I explains the history of American copyright law and its theoretical underpinnings. Part II relates common Black musical traditions in more detail. Part III illustrates how the foundations of Black musical traditions can be found in Negro Spirituals. Part IV outlines the notion of Black music as it evolved in ragtime. Part V describes how copyright undermined the traditions of blues, jazz, and R&B. Part VI explains how rock 'n' roll's prominence …
Digital Music Sampling And Copyright Law, Carlos Ruiz De La Torre
Digital Music Sampling And Copyright Law, Carlos Ruiz De La Torre
Vanderbilt Journal of Entertainment & Technology Law
Copyright law governing digital music sampling is faced with two competing interests: first, the owners of recording and composition copyrights need to be reasonably compensated when their creative works are reused by sampling artists, but secondly, sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system needs to balance these interests and reduce the degree of uncertainty that arises when the use of a sample infringes a copyright. This Article will discuss the current state of the law as it relates to digital sampling and will then articulate five …
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
Faculty Scholarship
The US. Supreme Court in its 2003 decision in Dastar v. Twentieth Century Fox, construing the Lanham Federal Trademarks Act, deprived authors of their principal legal means to enforce attribution rights in the US. I have elsewhere criticized the Dastar Court's analysis, and have urged amending the Copyright Act to provide express recognition of the attribution right. This time, however, I propose to reconsider the foundation for the attribution right; I draw on literary and historical sources to supplement legal arguments concerning the meaning of the author's name. I will suggest that, contrary to the usual characterization of this …