Law Commons^™

Trading Rabbit Ears For Wi-Fi: Aereo, The Public Performance Right, And How Broadcasters Want To Control The Business Of Internet Tv, Jacob Marshall

Vanderbilt Journal of Entertainment & Technology Law

Aereo, a start-up company that allows consumers to stream free, over-the-air broadcasts to their phones and computers, seems rather innocuous. Yet the major broadcasting networks have attempted to shut Aereo down since its inception, claiming that Aereo infringes on their copyright. Aereo claims that its unique technology--where each user is assigned their own, individual antenna--ensures that Aereo does not infringe on the broadcasters' public performance rights. The United States Supreme Court has granted certiorari on the matter. The broadcasters are approaching the case as an existential battle, claiming that Aereo threatens retransmission fees, licensing fees broadcasters collect from cable companies. …

Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton

Vanderbilt Journal of Entertainment & Technology Law

Direct copyright infringement attracts strict liability. However, as a theoretical matter, it is not necessarily clear why. Legislatures and courts have typically imposed strict liability where: (a) a defendant has notice of a plaintiff's rights, particularly where those rights involve a property interest; (b) a mens rea requirement on the part of the defendant would create an untenable burden on the plaintiff; (c) it is easier for the defendant to avoid harming the plaintiff than it is for the plaintiff to avoid the harm; or, (d) it is more administratively or economically efficient for the defendant to bear the risk …

Libraries, Digital Content, And Copyright, Laura N. Gasaway

Vanderbilt Journal of Entertainment & Technology Law

Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also create, manage and host user generated content such as posts on discussion boards, blogs, wikis, RSS feeds, social bookmarking, tagging, and social networks. Libraries use user generated content for internal library purposes, such as displays and events and for teaching. Further, libraries often are asked to assist users who …

A Winner Is Who? Fair Use And The Online Distribution Of Manga And Video Game Fan Translations, Jaime E. Muscar

Vanderbilt Journal of Entertainment & Technology Law

This note examines the legality of fan translations of Japanese comic books, known as manga, and video games distributed over the Internet, with special consideration given to the application of the fair use doctrine. Technology related to the distribution of media online grows exponentially compared to the law governing this technology. Although much recent litigation has limited the online distribution of traditional media, both copyright holders and courts have largely ignored a fringe segment of this distribution. This fringe includes manga and video games. Manga can be easily shared online by scanning images, and video games are now frequently converted …

New Media, New Rules: The Digital Performance Right And Streaming Media Over The Internet, Joseph E. Magri

Vanderbilt Journal of Entertainment & Technology Law

Streaming music over the Internet, or what otherwise is known as webcasting or Internet radio, has the potential to become the single most revolutionary means of music transmission ever developed.' In order to appreciate the potential impact of Internet radio, it is helpful to understand that Internet radio has the ability to venture far beyond the at-home personal computer that is tethered to a wall and logged-on to the Internet. With advances in wireless broadband technologies, such as wireless fidelity or Wi-Fi, and the growing availability of Internet content via mobile devices,' Internet radio will soon become widely available on …

Solutions Are On Track, Beth A. Thomas

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses the need to solve the copyright problems caused by digital file sharing over peer-to-peer networks and the possible solutions that would be acceptable to both the media industries and the public. While it is likely that the problems caused by file sharing will not decrease significantly by placing post-sales control in the hands of the artists, it is probable that legislative and industry driven technical counter-measures will be able to decrease illegal file sharing in an acceptable way.

Part I outlines copyright in general and how digital technology is pushing at the boundaries of copyright law. Part …

Changing Horses In Mid-Stream: The Copyright Office's New Rule Makes Broadcasters Pay For "Streaming" Their Signals Over The Internet, Samuel Fifer, Gregory R. Naron

Vanderbilt Journal of Entertainment & Technology Law

With traditional, over-the-air broadcasts, radio stations do not have to start paying license fees to rights holders if they get a bigger transmitter or technology allows their signal to reach more listeners. That much, not even the RIAA will dispute. So why should it matter if stations use the Internet to reach additional listeners? The law shouldn't be interpreted to discourage radio stations from using new Internet technology to do the same thing they're doing now--especially since Congress itself expressly said it did not want to "[hamper] ... new technologies" or "impose new and unreasonable burdens" on broadcasters. And make …