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Full-Text Articles in Law
Comment: Copyright Registration: Fourth Estate Implications For Photographers In The Modern World, Izabella Kanoza
Comment: Copyright Registration: Fourth Estate Implications For Photographers In The Modern World, Izabella Kanoza
Northern Illinois University Law Review
In 2019, the Supreme Court has settled a long-standing split issue among the Circuit Courts. The issue revolved around the interpretation of the word “registration” with the Copyright Office in order for a copyright owner to be able to initiate a copyright infringement lawsuit. However, the now settled precedent has presented challenges to the ever-evolving internet world and those who use it to create, advertise, and share their digital content. Digital photographers, specifically, have found this registration requirement inefficient when it comes to sharing their work on social media platforms, such as Instagram or Facebook, where copyright infringement in the …
Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth
Vol. 9 No. 2, Spring 2018; Law Is A Battlefield: Why Musicians And Politicians Both Lose With Blanket Licensing, Laura E. Schrauth
Northern Illinois Law Review Supplement
When musicians allege that politicians they dislike have used their music without authorization, those allegations make the news, but rarely, if ever, do those news sources mention when the politicians have purchased licenses for that music. Unsurprisingly, copyright law is never a topic of media mention. Licensing is a straightforward, nondiscriminatory procedure that allows anyone who pays the necessary fee the right to exercise the license. When it comes to political uses, however, copyright law loses in a landslide to public opinion, which dictates how vocal opponents think licenses should work without acknowledging how licenses do work. Academia can count …
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
College of Law Faculty Publications
In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …
Vol. 6 No. 2, Spring 2015; A Circuit Split Involving Ten Federal Circuits: Why Copyright Infringement Actions Should Be Allowed To Proceed After An Application For A Copyright Is Filed, Morgan Johnson
Northern Illinois Law Review Supplement
In 2010, the Supreme Court’s decision of Reed Elsevier, Inc. v. Muchnick addressed the subject matter jurisdiction of a trademark infringement claim. Not only did this avoid the larger question of when a trademark is “registered” under § 411(a), but it lead to further division among the circuit courts. Section 411(a) sets forth the requirements for a trademark infringement suit to be filed; most importantly that it must be “registered.” The registration approach has determined that a trademark is only registered when a party receives an affirmative or negative response, directly from the Copyright Office. The application approach, however, finds …
Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
Vol. 6 No. 1, Fall 2014; 'Fixing' The First Sale Doctrine: Adapting Copyright Law To The New Media Distribution Paradigm, Samuel Perkins
Northern Illinois Law Review Supplement
This Article discusses Section 109 of the Copyright Act, the first sale doctrine, in the context of digital media and internet-based storage. Traditionally, the first sale doctrine served as an important limitation on the exclusive rights of copyright owners, allowing copies of lawfully obtained works to be resold without interference from the copyright owner. As a result of this limitation, physical media remains freely alienable after the first sale, providing secondary markets for used copies and more consumer choice. However, due to the nature of digital media and the recent market shift among media distributors, first sale doctrine has become …
Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter
Northern Illinois University Law Review
The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow artists to reclaim the rights to their songs and albums which they had to assign to the various record companies as a means of recording, publishing, and selling their music. Artists that invest their creativity, musical talent, and time into making a successful record deserve to ultimately reap the benefits that flow from that success. On the other hand, artists that merely record songs written …
Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson
Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson
Northern Illinois University Law Review
This article examines Atlantic Records Corp. v. XM Satellite Radio Inc. The current litigation offers a prime example of various ways in which the United States Copyright Act is unable to pace current technological trends with respect to the hybridization of technology. This article explores the nature of the current litigation and the fact that the litigation is entirely device-driven; the applicability, interpretation and purpose of the Audio Home Recording Act; threats to the incentive model of copyright genesis; and a call for device-neutral legislation that focuses on particular acts of infringement rather than measuring a device's capabilities as a …
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Northern Illinois University Law Review
This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …
The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja
The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja
Northern Illinois University Law Review
The author begins by reviewing the cultural vision reflected in the United Nations Charter. The author analyzes the growth and development in the arts and arts industry since 1945, and discusses the arts as both an economic force in the United States and as a commodity in world trade. The author concludes with a discussion regarding ownership of the arts and culture, intellectual property rights, and copyrights in the field of electronic imaging.
Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke
Work For Hire After Ccnv V. Reid: Adequacy Of Protection For Artists And Extent Of The Doctrine's Applicability To Software Developers, Sheila M. Heitke
Northern Illinois University Law Review
This note examines the United States Supreme Court's decision which set forth the proper analysis for resolving copyright disputes involving the work for hire doctrine. The Court concluded a "literal interpretation" of the governing statute was appropriate. The author contends the literal interpretation, now to be applied by all courts deciding work for hire issues, provides a uniform standard as well as predictability--two paramount objectives of copyright law.
Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney
Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney
Northern Illinois University Law Review
An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis of fair use factors.
The Sony Impact On Home Videorecording: Time For A Legislative Solution, Denise M. Higgins
The Sony Impact On Home Videorecording: Time For A Legislative Solution, Denise M. Higgins
Northern Illinois University Law Review
An in-depth examination of the controversial Sony decision which held that the home videorecording of copyrighted materials broadcast over the public airwaves constituted an infringement of copyright. Since traditional remedies do not adequately address the divergent interests at stake in home videorecording, it is suggested that a legislative response is warranted.
Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel
Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel
Northern Illinois University Law Review
This comment will propose that a minimal right to arrange is conferred with the right to perform where there is either no arrangement available, or the available arrangements are not suitable for use by the given ensemble. The extent to which the director may copy and edit purchased music will be described. It will also be argued that profits from performance may be retained by the performing group and that no notice is required to be given to the copyright owner for such use. Finally, the practice of recording the group's performances will be explored, and it will be concluded …