Law Commons^™

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche

Pace Intellectual Property, Sports & Entertainment Law Forum

Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the …

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Journal of Intellectual Property Law

No abstract provided.

A Riff On Billy The Kid, Richard H. Underwood

Law Faculty Scholarly Articles

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.

Patented Electric Guitar Pickups And The Creation Of Modern Music Genres, Sean M. O'Connor

Articles

This Essay provides an overview of how patents played a core role in developing world-changing musical genres. This may be surprising, as normally copyright law is associated with incentivizing advances in the creative arts. But as this Conference’s theme [The IP Platform: Supporting Invention and Inspiration] and presentations emphasize, the whole range of intellectual property (“IP”), especially when viewed as a platform, supports innovation across the spectrum of human ingenuity and creativity.

This Essay is also intended to be read in conjunction with a viewing of the live-music demonstration of how pickups transformed popular music, delivered at the Conference and …