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Articles 1 - 30 of 34
Full-Text Articles in Law
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
University of Miami Law Review
The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.
This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross
University of Miami Business Law Review
The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with an intent to …
Gotta Catch ‘Em All!: The National Diet’S Inadequate Attempt To Control Manga Pirates, Sydney Landers
Gotta Catch ‘Em All!: The National Diet’S Inadequate Attempt To Control Manga Pirates, Sydney Landers
University of Miami Law Review
Internet piracy threatens Japan’s most popular cultural exports: manga and anime. Fans have taken to translating and distributing the works online for other fans to enjoy because official translated versions of manga and anime are released overseas later than the original in Japan, or they are never released at all. In order to combat the illegal downloading and distributing of manga, the National Diet, Japan’s legislature, passed an amendment to the Japanese Copyright Act that increases punishments for leech sites and illegal downloading of manga.
This Note discusses the manga and anime industries and their struggles with piracy before reviewing …
What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler
What Is Standard Tomorrow, May Not Have Been Today: An Argument For Claiming ScèNes À Faire, Logan Sandler
University of Miami Law Review
Recent lawsuits involving the Pirates of the Caribbean film franchise and the Oscar award-winning movie The Shape of Water required courts to wrestle with the application of the decisive scènes à faire doctrine. In doing so, the Ninth Circuit exposed the doctrine’s chief pitfall: the lack of a temporal framework.
The modern scènes à faire doctrine limits the scope of what authors can claim as substantially similar by excluding the standard or stock elements in a given expressive work from copyright protection. Courts will often conclude that a contested element is scènes à faire if it can be demonstrated that …
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Articles
Since the first half of the twentieth century, the U.S. Congress has increasingly delegated its authority over tariffs to the U.S. president. Some of these statutes permit private actors to petition for tariff relief. Some also permit the president to initiate an investigation and subsequently to take trade-related or other action when certain criteria are met. Since the 1990s, however, a robust multilateral trading system has required the United States and others to resolve disputes over trade measures in Geneva, rather than through unilateral policy steps under these tariff authorities. In a stark departure from this movement away from unilateral …
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
University of Miami Business Law Review
This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this split in …
“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence
“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence
University of Miami Business Law Review
The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn of the century. …
A View Of Copyright From The Digital Ground, Andres Sawicki
A View Of Copyright From The Digital Ground, Andres Sawicki
Articles
No abstract provided.
Our Copyright Code: Continue Patching Or Start Rewriting?, Honorable Edward J. Damich
Our Copyright Code: Continue Patching Or Start Rewriting?, Honorable Edward J. Damich
University of Miami Law Review
No abstract provided.
Copyright Freeconomics, John M. Newman
Copyright Freeconomics, John M. Newman
Articles
Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.
This sea change has ushered in an era …
Copyright In Teams, Anthony J. Casey, Andres Sawicki
Copyright In Teams, Anthony J. Casey, Andres Sawicki
Articles
Dozens of people worked together to produce Casablanca. But a single person working alone wrote The Sound and the Fury. While almost all films are produced by large collaborations, no great novel ever resulted from the work of a team. Why does the frequency and success of collaborative creative production vary across art forms?
The answer lies in significant part at the intersection of intellectual property law and the theory of the firm. Existing analyses in this area often focus on patent law and look almost exclusively to a property-rights theory of the firm. The implications of organizational …
Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman
Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman
Articles
In 2009, the pseudonymous 'John David California" announced plans for U.S. publication of 6o Years Later: Coming Through the Rye, a "sequel" to JD. Salinger's canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyright infingement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law's troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.
Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point, the Copyright Act will …
United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue
United States V. Martignon: The First Case To Rule That The Federal Anti-Bootlegging Statute Is Unconstitutional Copyright Legislation, Michael C. Shue
University of Miami Law Review
No abstract provided.
Law Of The Internet In Argentina., Guillermo Cabanellas
Law Of The Internet In Argentina., Guillermo Cabanellas
University of Miami Inter-American Law Review
No abstract provided.
Why The Supreme Court Said Yes To The First Sale Doctrine In Quality King Distributors, Inc. V. L'Anza Research International, Inc., Alexis Gonzalez
Why The Supreme Court Said Yes To The First Sale Doctrine In Quality King Distributors, Inc. V. L'Anza Research International, Inc., Alexis Gonzalez
University of Miami Business Law Review
No abstract provided.
Mickey Mouse Emeritus: Character Protection And The Public Domain, Jessica Litman
Mickey Mouse Emeritus: Character Protection And The Public Domain, Jessica Litman
University of Miami Entertainment & Sports Law Review
No abstract provided.
Licensing And Merchandising Of Characters: Art Law Topic For Aals 1994, Phillip Edwards Page
Licensing And Merchandising Of Characters: Art Law Topic For Aals 1994, Phillip Edwards Page
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Methuselah Factor: When Characters Outlive Their Copyrights, Leslie A. Kurtz
The Methuselah Factor: When Characters Outlive Their Copyrights, Leslie A. Kurtz
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke
The Joint Work Dilemma: The Separately Copyrightable Contribution Requirement And Co-Ownership Principle, Nancy Perkins Spyke
University of Miami Entertainment & Sports Law Review
No abstract provided.
Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan
Campbell V. Acuff-Rose Music, Inc., And The Economic Approach To Parody: An Appeal To The Supreme Court, Joseph E. Sullivan
University of Miami Entertainment & Sports Law Review
No abstract provided.
Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz
Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz
University of Miami Law Review
No abstract provided.
Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores
Market Substitution And Copyrights: Predicting Fair Use Case Law, Michael G. Anderson, Paul F. Brown, Andrew P. Cores
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton
The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton
University of Miami Entertainment & Sports Law Review
No abstract provided.
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
University of Miami Entertainment & Sports Law Review
No abstract provided.
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
University of Miami Entertainment & Sports Law Review
No abstract provided.
Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher
University of Miami Entertainment & Sports Law Review
No abstract provided.
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
University of Miami Entertainment & Sports Law Review
No abstract provided.
Colorization: Removing The Green, Richard T. Kilgore
Colorization: Removing The Green, Richard T. Kilgore
University of Miami Entertainment & Sports Law Review
No abstract provided.