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Full-Text Articles in Law
Who Owns Our Ancestors Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Who Owns Our Ancestors Voices? Tribal Claims To Pre-72 Sound Recordings, Trevor Reed
Kernochan Center for Law, Media, and the Arts
A familiar story is told in Indian Country: a researcher arrives on a Native American reservation and begins recording ceremonial songs and oral histories; years later tribal members find, often to their horror, that these sensitive materials are available for sale, download, or streaming to the public. This scenario aptly describes the life of numerous sound recordings made on federally recognized Indian reservations prior to 1972, whose ownership status remains uninterrogated due to the complex overlap and ambiguities of copyright and federal Indian law. Yet recently, owing to an increased sense of self-determination and autonomy, Native American tribes have begun …
Kernochan Center News - Summer 2017, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Summer 2017, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Kernochan Center News - Spring 2017, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Spring 2017, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
The Role Of The Author In Copyright, Jane C. Ginsburg
The Role Of The Author In Copyright, Jane C. Ginsburg
Faculty Scholarship
Two encroachments, one long-standing, the other a product of the digital era, cramp the author’s place in copyright today. First, most authors lack bargaining power; the real economic actors in the copyright system have long been the publishers and other exploiters to whom authors cede their rights. These actors may advance the figure of the author for the moral luster it lends their appeals to lawmakers, but then may promptly despoil the creators of whatever increased protections they may have garnered. Second, the advent of new technologies of creation and dissemination of works of authorship not only threatens traditional revenue …