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Articles 1 - 21 of 21
Full-Text Articles in Law
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets for …
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Faculty Scholarship
This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …
Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani
Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani
Touro Law Review
No abstract provided.
Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
Reforming Copyright Interpretation, Zahr K. Said
Reforming Copyright Interpretation, Zahr K. Said
Zahr K Said
This Article argues that copyright law needs to acknowledge and reform its interpretive choice regime. Even though judges face potentially outcome-determinative choices among competing sources of interpretive authority when they adjudicate copyrightable works, their selection of interpretive methods has been almost entirely overlooked by scholars and judges alike. This selection among competing interpretive methods demands that judges choose where to locate their own authority: in the work itself; in the context around the work, including its reception, or in the author’s intentions; in expert opinions; or in judicial intuition. Copyright’s interpretive choice regime controls questions of major importance for the …
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
Catholic University Law Review
No abstract provided.
The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava
The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava
Touro Law Review
No abstract provided.
Cash From Chaos: Sound Recording Authorship, Section 203 Recapture Rights And A New Wave Of Termination, Hector Martinez
Cash From Chaos: Sound Recording Authorship, Section 203 Recapture Rights And A New Wave Of Termination, Hector Martinez
Pace Intellectual Property, Sports & Entertainment Law Forum
The thesis of this Article is that under an exclusive recording agreement entered into in the United States between a record label and recording artist on or after January 1, 1978, any key member of recording artist that signed the recording contract is a bona fide author of a sound recording for purposes of claiming standing in order to effectuate a termination of transfer of grant under Section 203 of the 1976 Copyright Act.
Part I will summarize the history of sound recordings as copyrightable subject matter. Part II will examine record industry custom and practice as it relates to …
Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangements In Cover Songs Under A Compulsory License, Matthew A. Eller
Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangements In Cover Songs Under A Compulsory License, Matthew A. Eller
Pace Intellectual Property, Sports & Entertainment Law Forum
This Article will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in cover versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work (“D1”) is created by an author and another author creates a second derivative work (“D2”) based off of D1. In situations such as these, does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized?
Further, depending on what rights do exist for D1, can …
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014
Pace Intellectual Property, Sports & Entertainment Law Forum
This issue of Pace Intellectual Property, Sports & Entertainment Law Forum includes articles on the modern legal issues & developments affecting fashion, the Internet, music, film, international sports, constitutional law & the lives of celebrities.
Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Invalid Pre-Termination Grants And The Challenge To Obtain A Remedy, Samuel H. Jones
Samuel H Jones
The 1976 Copyright Act created what is now commonly known as the termination right, which allows authors to unilaterally terminate prior grants of their copyrights and reclaim ownership. This right was created, in large part, to liberate authors from unremunerative agreements previously entered into when the value of their copyrighted works had not yet been realized. It can be a powerful tool for authors to leverage more favorable agreements than they were previously able, particularly when those copyrights are highly valued. To ensure authors’ ability to exercise this right, Congress enacted provisions in the 1976 Copyright Act that prohibit authors …
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
The Next Great Youtube: Improving Content Id To Foster Creativity, Cooperation, And Fair Compensation, Benjamin Boroughf
Benjamin Boroughf
YouTube prides itself on its automatic copyright detection and filtering program known as Content ID because it goes beyond YouTube’s legal responsibilities under the Digital Millennium Copyright Act and because it allows copyright holders to control and profit from their content. However, Content ID is not the technological paragon YouTube and some scholars see it as. By relying on a system that automatically matches, blocks, and monetizes videos that allegedly contain any amount of infringing content, both YouTube and copyright holders have promoted a system that opposes the Copyright Act and YouTube’s goals of promoting creativity and protecting fair use. …
Decoding Bollywood’S Royalty-Sharing Conundrum, Pralika Jain
Decoding Bollywood’S Royalty-Sharing Conundrum, Pralika Jain
Pralika Jain
India’s film making community and business got „industry‟ status only in 2011. However, unlike major industries such as telecom and pharmaceutical, the film industry (popularly known as “Bollywood”) is characterised by a major lack of legal rules and institutions to administer them, the problem being most acute in respect of artists. Consequently, the industry is governed completely by market forces whose successful players wield nearly all the bargaining power. It’s almost baffling that a film industry which is currently worlds second in terms of revenue is so thinly regulated.
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Yafit Lev-Aretz
Copyright literature has been long familiar with the lack of licensing choices in various creative markets. In the absence of a lawful licensing alternatives, consumers of works as well as secondary creators wishing to use protected elements of preexisting works are often left with no choice but to either infringe on the copyright of the rightholder or refrain from the use. As further creation is regularly impeded, the dearth of licensing greatly conflicts with the utilitarian foundation of copyright and its constitutional goal to promote creative progress. Legal scholarship has submitted various recommendations in response to the licensing failure, homing …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Starting in the 1990s, Federal policy has moved in the direction of a market-oriented approach towards sound recording rights, beginning with Congress’ decision to create a sound recording performance copyright in 1995. In 1998, Congress provided that most statutory royalty rates, including the rates paid by webcasters like Pandora Radio, would be set using a market-based “willing buyer, willing seller” (“WBWS”) standard. Since then, the WBWS standard has been applied in several rate setting proceedings, but complaints from webcasters that the rates were “too high” have led to Congressional intervention and, ultimately, to adoption of rates below market levels. Now, …
The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley
The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley
Scholarly Works
The Visual Artists Rights Act (VARA) was enacted by Congress in 1990 in order to bring our laws into compliance with Article 6bis of the Berne Convention and to acknowledge that protecting moral rights will foster “a climate of artistic worth and honor that encourages the author in the arduous act of creation.” The passage of this legislation is said to show Congress’s “belief that the art covered by the Act ‘meet[s] a special societal need, and [its] protection and preservation serves an important public interest.’”
Notwithstanding these lofty statements about artistic worth, honor and encouraging creation, VARA is a …
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan M. Carpenter, Steven Hetcher
Law Faculty Scholarship
This Article examines the ways that contemporary creativity challenges copyright’s fixation requirement. In this Article, we identify concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era.
Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the “metes and bounds” of creative expression. Recent case law …
Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks
Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks
Loyola of Los Angeles Entertainment Law Review
The advent of the Internet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the Internet. It will then examine the decisions in WPIX v. IVI, Inc., ABC, Inc. v. …
On Aereo And "Avoision", Rebecca Giblin, Jane C. Ginsburg
On Aereo And "Avoision", Rebecca Giblin, Jane C. Ginsburg
Faculty Scholarship
Avoision describes conduct which seeks to exploit 'the differences between a law's goals and its self-defined limits' – a phenomenon particularly apparent in tax law. This short paper explains how the technology company Aereo utilised avoision strategies in an attempt to design its way out of liability under US copyright law. The authors argue that existing formulations encourage such strategies by applying differently depending on how the transaction is structured, resulting in a wasteful devotion of resources to hyper-technical compliance with the letter rather than meaning and purpose of the law.?
Copyright And The Tragedy Of The Common, Tracy Reilly
Copyright And The Tragedy Of The Common, Tracy Reilly
Tracy Reilly
In his 1968 article, The Tragedy of the Commons, biologist Garret Hardin first described his theory on the ecological unsustainability of collective human behavior, claiming that commonly held real property interests would not ultimately be supportable due to the competing individual interests of all who use the property. In the legal field, Hardin’s article is frequently cited to support various theories related to real property and environmental law issues such as ownership, redistribution of wealth, pollution, over population, and global warming. Most scholars claim that a tragedy of the commons does not exist in intellectual property-related goods due to the …