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Full-Text Articles in Law

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans Jul 2011

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …


Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn Jan 2011

Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn Jan 2011

Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr. Jan 2011

Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.

Vanderbilt Journal of Entertainment & Technology Law

The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers' ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …


The Why In Diy Book Scanning, Daniel Reetz Jan 2011

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.