Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Reflections On Music Copyright Justice, Peter S. Menell Apr 2022

Reflections On Music Copyright Justice, Peter S. Menell

Pepperdine Law Review

The digital revolution has upended many aspects of the copyright system, particularly as it relates to music. Drawing on creative, jurisprudential, technological, and social science insights, this article explores the broad range of music copyright justice concerns, ranging from file sharing to royalty distribution, copyright infringement standards, and the creation of music mashups.


Substantial Similarity’S Silent Death, Daryl Lim Aug 2021

Substantial Similarity’S Silent Death, Daryl Lim

Pepperdine Law Review

Copyright litigation involving hit songs like Robin Thicke’s “Blurred Lines,” Justin Bieber and Usher’s “Somebody to Love,” and Led Zeppelin’s “Stairway to Heaven” caused many in the music industry to vex over the line between homage and infringement. When are the two works too similar? To many courts and scholars, substantial similarity is “bizarre,” “ad hoc,” and “a virtual black hole in copyright jurisprudence.” Every creative work borrows some inspiration from other works, whether copyrighted or not. Judging when defendants appropriated too much is an inherently opaque and subjective enterprise, but unraveling its mysteries is critical for the flourishing of …


Film Piracy: Surfing The Internet For Free Content Provides Little Bounty For The Collective Economy, Jordan Matthews Jul 2017

Film Piracy: Surfing The Internet For Free Content Provides Little Bounty For The Collective Economy, Jordan Matthews

The Journal of Business, Entrepreneurship & the Law

This Note focuses on the protection of a copyright holder against infringement in the form of film piracy. It centers on the recent litigation surrounding Dallas Buyers Club, a biographical film articulating the life and events surrounding an AIDS patient, diagnosed in the mid-1980s, who pursued experimental treatments by smuggling pharmaceuticals into the United States. In 2013, more than 4,700 Australian Internet users allegedly downloaded the film within the span of one month. In August of 2015, an Australian federal court declared that the studio behind the film would need to post a $600,000 bond before it could send letters …


Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan Sep 2015

Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan

The Journal of Business, Entrepreneurship & the Law

This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and …


Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell Sep 2014

Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell

Pepperdine Dispute Resolution Law Journal

This article analyzes the current position that UGC site users find themselves in relation to their ability to dispute copyright infringement claims. Part II discusses the introduction and purpose of the DMCA along with the statutory provisions and case law relevant to the subject. Part III covers the underlying issues encumbering the current appeals process for the OSPs as dictated under the DMCA, and why changes are required. Part IV advocates for a new dispute process, one in favor of online alternative dispute resolution (OADR), and explains how this new paradigm would produce more equitable results for UGC site users. …


Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby Jan 2013

Rohauer Revisited: "Rear Window," Copyright Reversions, Renewals, Terminations, Derivative Works And Fair Use , Richard Colby

Pepperdine Law Review

No abstract provided.


States Escape Liability For Copyright Infringement?, Michelle V. Francis Jan 2013

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis Nov 2012

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones Oct 2012

Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones

Pepperdine Law Review

No abstract provided.


The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock Mar 2012

The Riaa V. The People: The Recording Industry's Misguided Attempt To Use The Legal System To Save Their Business Model, John A. Fedock

Pepperdine Law Review

No abstract provided.


I Am The Walrus. - No. I Am!: Can Paul Mccartney Transpose The Ubiquitous "Lennon/Mccartney" Songwriting Credit To Read "Mccartney/Lennon?" An Exploration Of The Surviving Beatle's Attempt To Re-Write Music Lore, As It Pertains To The Bundle Of Intellectual Property Rights, Ezra D. Landes Mar 2012

I Am The Walrus. - No. I Am!: Can Paul Mccartney Transpose The Ubiquitous "Lennon/Mccartney" Songwriting Credit To Read "Mccartney/Lennon?" An Exploration Of The Surviving Beatle's Attempt To Re-Write Music Lore, As It Pertains To The Bundle Of Intellectual Property Rights, Ezra D. Landes

Pepperdine Law Review

No abstract provided.


Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton Feb 2012

Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton

Pepperdine Law Review

No abstract provided.


Piracy By Plastic: Why The Ninth Circuit Should Have Held Credit Cards Liable For Secondary Copyright Infringement, Jonathan Lee Jan 2012

Piracy By Plastic: Why The Ninth Circuit Should Have Held Credit Cards Liable For Secondary Copyright Infringement, Jonathan Lee

The Journal of Business, Entrepreneurship & the Law

No abstract provided.