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Full-Text Articles in Law

Musicians, Politicians, And The Forgotten Tort, Arlen W. Langvardt Apr 2016

Musicians, Politicians, And The Forgotten Tort, Arlen W. Langvardt

Fordham Intellectual Property, Media and Entertainment Law Journal

Election seasons regularly reveal uses of songs and recordings at campaign events and in campaign ads. Frequently, well-known performers who have recorded the songs object to the uses of the songs and recordings (and their recognizable voices). Often, the performers do not own the copyright to the songs or the recordings, so they have no copyright infringement claim to bring. Performers who seek legal relief against those responsible for the political uses have relied, thus far, on right of publicity claims or false endorsement claims under section 43(a) of the Lanham Act. However, judicial concerns about the proper reach and …


Decoding Bollywood’S Royalty-Sharing Conundrum, Pralika Jain Apr 2014

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.


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter Jun 2012

Then I Saw The Contract, Now I'M A Believer: Why "Concept Groups" Are "Works For Hire" And Cannot Invoke Statutory Termination Rights After 2013, Daniel Porter

Northern Illinois University Law Review

The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow artists to reclaim the rights to their songs and albums which they had to assign to the various record companies as a means of recording, publishing, and selling their music. Artists that invest their creativity, musical talent, and time into making a successful record deserve to ultimately reap the benefits that flow from that success. On the other hand, artists that merely record songs written …


Northcott Collection (Mss 40), Manuscripts & Folklife Archives Feb 2008

Northcott Collection (Mss 40), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 40. Fifty-three diaries (1859-1918) and other writings of Henry Clay Northcott, 1822-1918, Methodist circuit preacher and farmer of northern Kentucky; correspondence (1870-1883) of his daughter, music teacher Kate N. Thomas, 1850-1889; and her husband, Bruce F. Thomas, 1853?-1882, lawyer of Vanceburg, Kentucky.


The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus Jan 1992

The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus

Touro Law Review

No abstract provided.


Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman Jan 1988

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

Articles

A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.