Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Comments On Preliminary Draft 3 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Comments On Preliminary Draft 3 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek
Faculty Scholarship
The absence of stated principles underlying the articulation of the black letter and comments – principles that the Reporters have said they will provide at the end of the process – continues to trouble the Draft. It remains unclear whether the Reporters are synthesizing positive law, or seeking to reform it. We are not contending that ALI should not push for law reform (even though Principles or some other form might provide a preferable and more transparent vehicle for aspirational endeavors), but we do think the objectives and methodology should be clear from the outset. We remain concerned that ALI’s …
Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene
Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene
Maine Law Review
This Note addresses [the perpetual copyright limitations period under Federal Law]—specifically, how it came to be, its current application, and what can be done about it. In Part II, this Note gives the background information of the case-in-chief, Skidmore v. Led Zeppelin, and briefly idenitifies its relevant holdings. Part III provides an outline of substantive copyright law, focusing on the subject matter of works protected under the law, the scope of those protections, and the legal basis of musical work infringement claims. Last, in Part III, this Note looks to Skidmore's application of this substantive law. Part IV explores the …
Copyright Easements, Jason Mazzone
Copyright Easements, Jason Mazzone
Akron Law Review
When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem. Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author …
United States Response To Questionnaire Concerning Copyright: To Be Or Not To Be, Jane C. Ginsburg, June M. Besek, Nathalie Russell
United States Response To Questionnaire Concerning Copyright: To Be Or Not To Be, Jane C. Ginsburg, June M. Besek, Nathalie Russell
Faculty Scholarship
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
Who Owns Our Ancestors Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Who Owns Our Ancestors Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Kernochan Center for Law, Media, and the Arts
A familiar story is told in Indian Country: a researcher arrives on a Native American reservation and begins recording ceremonial songs and oral histories; years later tribal members find, often to their horror, that these sensitive materials are available for sale, download, or streaming to the public. This scenario aptly describes the life of numerous sound recordings made on federally recognized Indian reservations prior to 1972, whose ownership status remains uninterrogated due to the complex overlap and ambiguities of copyright and federal Indian law. Yet recently, owing to an increased sense of self-determination and autonomy, Native American tribes have begun …
Royalty Securitization, Kristelia García
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Scholarly Works
The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.
The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …