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Full-Text Articles in Law
Podcasting Pop Songs?: Licensing Concerns With Podcasts That Contain Mainstream Music, Jared Barrett
Podcasting Pop Songs?: Licensing Concerns With Podcasts That Contain Mainstream Music, Jared Barrett
Washington Journal of Law, Technology & Arts
Podcasting is a new distribution medium that allows a vast array of users to transmit audio or video programs (“podcasts”) to wide audiences. Typically, recipients use handheld devices, such as an iPod, or personal computer to capture and retain a podcast for later playback. Podcasts are diverse in form and content, ranging from talk-radio shows to political speeches to educational programs. One area of content that has been slow to develop, however, is the inclusion of mainstream music in podcasts. Many podcasters have avoided the use of mainstream music altogether because of difficulties in determining how podcasting music fits within …
Broadening The Scope Of Electronic Reproductions: The Interpretation Of Section 201(C) In Faulkner V. National Geographic Enterprises Inc., Shan Sivalingam
Broadening The Scope Of Electronic Reproductions: The Interpretation Of Section 201(C) In Faulkner V. National Geographic Enterprises Inc., Shan Sivalingam
Washington Journal of Law, Technology & Arts
This Article analyzes the implications of the recent decision of the United States Court of Appeals for the Second Circuit in Faulkner v. National Geographic Enterprises Inc. The court interpreted § 201(c) of the federal Copyright Act to permit National Geographic to compile print issues of its magazine into a CD-ROM digital archive without explicit permission from freelance authors who contributed to the print issues. The court’s decision has raised concern among freelance journalists and photographers who contribute works to newspapers and other periodicals that compile copyrighted works. This Article outlines significant features of the Faulkner decision and analyzes it …
Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai
Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai
Washington Journal of Law, Technology & Arts
In Rossi v. Motion Picture Association of America Inc., the U.S. Court of Appeals for the Ninth Circuit recently held that the notice and takedown provision of the DMCA requires a subjective “good faith” belief that a website is infringing copyrighted material, and not an objective showing by the complaining party. A subjective standard for notice and takedown may do less to promote collaboration between service providers and copyright owners, judicial economy, or fair website management than would an objective standard requiring a minimal degree of investigation. This article concludes, however, that a subjective standard is supported by the …
The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras
The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras
Washington Journal of Law, Technology & Arts
Canada’s copyright system imposes a levy on manufacturers and importers of blank audio recording media. Revenue raised by this levy goes to the eligible owners of musical copyright—rightsholders. Thus, Canada squarely faces the reality of the modern age by acknowledging that users will duplicate copyrighted material at the same time that it attempts to guarantee compensation to certain rightsholders. Like its counterpart, the American Audio Home Recording Act of 1992, this system has certain fundamental flaws. What these flaws indicate about the future of copyright law is unclear.