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A Bright Line At Any Cost: The Sixth Circuit Unjustifiably Weakens The Protection For Musical Composition Copyrights In Bridgeport Music V.Dimension Films, Michael J. Galvin
A Bright Line At Any Cost: The Sixth Circuit Unjustifiably Weakens The Protection For Musical Composition Copyrights In Bridgeport Music V.Dimension Films, Michael J. Galvin
Vanderbilt Journal of Entertainment & Technology Law
On June 3, 2005, the Sixth Circuit issued its final amended opinion in Bridgeport Music v. Dimension Films,' in which it held that any amount of unauthorized digital sampling from a sound recording is per se copyright infringement. The court justified this ruling on what it termed a "literal reading" of Section 114 of the Copyright Act, which covers the rights a copyright holder has in a sound recording. While such a bright-line rule may have some superficial appeal, the court's efforts at harmonizing current music industry practices with copyright laws written long before such practices were commonplace has resulted …
Defending Artistry By Deleting "Dead Capital:" Sony, Grokster, And The Supreme Court's Lost Opportunity To Eradicate The "Substantial Non-Infringing Use" Doctrine, Joshua E. Carpenter
Defending Artistry By Deleting "Dead Capital:" Sony, Grokster, And The Supreme Court's Lost Opportunity To Eradicate The "Substantial Non-Infringing Use" Doctrine, Joshua E. Carpenter
Vanderbilt Journal of Entertainment & Technology Law
The administration of copyright law manages the trade-off between the benefits derived from encouraging the creation of works and artistic protection and the cost of restricting access. Copyright law cannot work without a strong legal system that strictly reads the rights granted to those seeking the law's protection and against those seeking to find creative ways to avert the law's protections. Ironically, certain technology providers want protection against others' infringement on their technological creations, but they accept that their businesses base themselves on eroding the value of another's hard work and innovation. Sony allows technology companies to hide behind the …