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Vanderbilt Journal of Entertainment & Technology Law

Derivative rights

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Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter Jan 2011

Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter

Vanderbilt Journal of Entertainment & Technology Law

Over the last twenty years, audience attendance at museums, galleries, and performing arts institutions in the United States has decreased dramatically. Major museums and galleries are considering ways to add engaging and meaningful value to the user experience with technology, from incorporating user-generated content to creating multimedia installations billed as "collaborative" works.

In 2010, the Dallas Museum of Art's Coastlines: Images of Land and Sea exhibition featured landscapes from 1850 to the present, as well as a sound installation composed by students and faculty at a local university, which played on speakers throughout the show and responded directly to the …


Taming The Derivative Works Right: A Modest Proposal For Reducing Overbreadth And Vagueness In Copyright, Christina Bohannon Jun 2010

Taming The Derivative Works Right: A Modest Proposal For Reducing Overbreadth And Vagueness In Copyright, Christina Bohannon

Vanderbilt Journal of Entertainment & Technology Law

The Supreme Court recently decided United States v. Stevens, a case challenging the constitutionality of a federal statute that punishes commercial depictions of animal cruelty, such as videos of dog fights. Concluding that the statute prohibited a good deal of speech that was unrelated to eradicating illegal animal cruelty, the Court held that the statute was substantially overbroad and therefore invalid under the First Amendment.

This case and other First Amendment cases help to shed light on the problems of overbreadth and vagueness in copyright law, particularly the derivative works right. The copyright holder's derivative works right prohibits others from …