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Full-Text Articles in Law
Copyright, Plagiarism, And Emerging Norms In Digital Publishing, J. D. Lipton
Copyright, Plagiarism, And Emerging Norms In Digital Publishing, J. D. Lipton
Vanderbilt Journal of Entertainment & Technology Law
Today's copyright law derives from the needs of the publishing industry in centuries past. The digital world creates even more significant concerns for authors and publishers than those that arose with the advent of the printing press. Digital technology enables easy, fast, and inexpensive global copying and distribution of digital texts. Other digitized industries--such as the music, movie, and video-game industries--have faced these challenges with a higher apparent success rate, at least in the courts, than the publishing industry. This Article considers why publishing has been less successful in protecting its online copyrights and examines the extent to which copyright …
Copyright Infringement Of Music: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato
Copyright Infringement Of Music: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato
Vanderbilt Journal of Entertainment & Technology Law
The standard for copyright infringement is the same across different forms of expression. But musical expression poses special challenges for courts deciding infringement disputes because of its unique attributes. Tonality in Western music offers finite compositional choices that will be pleasing or satisfying to the ear. The vast storehouse of existing public domain music means that many of those choices have been exhausted. Although independent creation negates plagiarism, the inevitable similarity among musical pieces within the same genre leaves courts in a quandary as to whether defendant composers infringed earlier copyrighted works or simply found their own way to a …