Federal copyright law applies to sound recordings, but only to those fixed, i.e., produced, on or after February 15, 1972. Recordings produced prior to that date are subject to protection under the laws of the individual states until 2067. A recent spate of lawsuits has raised the issue of whether Sirius XM and Pandora’s digital radio services have the right to play pre-1972 sound recordings without permission from the owners of those records. The article discusses the cataclysmic potential impact that these cases may have on the current landscape of music licensing in New York and California and throughout the United States.
Establishing an Indirect Liability System for Digital Copyright Infringement in China: Experience from the United States’ Approach
In order to address the digital revolution that has challenged copyright protection, China has carried out a series of legislative attempts at developing an indirect copyright liability system in recent years. The joint tort oriented, knowledge-centered liability attribution rules and a set of borrowed safe harbor provisions from the United States have set out the rudiments of the indirect copyright liability regime to deal with digital copyright infringements. Through analyzing current rules in China and the United States, this article finds that compared to the borrow-to-use approach, a more efficient build-to-suit approach for a viable legal transplantation is recommended.
The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 4 Issue 1 of the Journal. While individual PDFs of articles may be found accompanying their respective posts, you may download a complete PDF of the Issue here.
John Koegel, attorney and founder of the law firm The Koegel Group LLP, and Barton Beebe, John M. Desmarais Professor of Intellectual Property Law at NYU School of Law, discuss past and present trends in the application of IP law to the world of art and artists.
Those who have more should contribute more. This paper proposes a very simple formula to extrapolate this general principle of law (proportionality) to the international patent scheme as implemented by the Agreement on Trade-Related Aspects of Intellectual Property Rights.
This paper examines the intersection of the law and science in copyright law. Specifically, it presents a technical way of looking at the reproduction right by explaining how digital files are stored in data storage devices and transferred over the Internet by electromagnetic signals. Ultimately, this elucidation undermines the reasoning used by the court to reach its conclusion in Capitol Records, LLC v. ReDigi Inc., 934 F. Supp. 2d 640 (S.D.N.Y. 2013).
Recently the Second Circuit held, in Cariou v. Prince, that Prince’s unlicensed appropriation of Patrick Cariou’s photographs, with what many consider to be only minor modifications, was fair use rather than copyright infringement, thus broadening the scope of copyright law’s fair use defense. In order to preserve the balance between protecting existing works and incentivizing the creation of new ones, in light of recent jurisprudence, this article calls for three critical, interdependent changes to copyright law as it applies to visual art.
Amicus Brief of the Electronic Frontier Foundation and the ACLU of Virginia in Radiance Foundation, Inc. v. NAACP
Courts have recognized that speech utilizing the names of organizations, celebrities, and trademarked products, to comment on them is constitutionally protected, even when there is a risk of brief confusion about the source of the speech. This brief asserts that the district court, in Radiance Foundation, Inc. v. Nat’l Ass’n for the Advancement of Colored People 25 F.Supp. 3d 865 (E.D. Va. 2014), erred in accepting the NAACP’s trademark infringement and trademark dilution theories. Amici thus asks the Court to reverse and to hold that Radiance should have been granted a declaratory judgment that its posts were not infringing.
Computer-generated journalism is just one type of information that will be disseminated with increasing frequency as similar technologies are adapted to various ends. The popularity of algorithmic reporting will require courts to more fully and definitively articulate a set of first principles for free speech lest they work case-by-case or see a fractal splintering of decisions in the lower courts. This article argues that the relative clarity of copyright’s theoretical underpinnings, in comparison with the more open questions surrounding the First Amendment, offer a more straightforward translation of existing jurisprudence to the new questions presented by automated journalism technology.
Association For Molecular Pathology v. Myriad Genetics, Inc. And Its Impact On The Patentability Of “Designer” Genes
With the rapid advances in biotechnology and the widespread availability and popularity of assisted reproductive technologies, biologists may soon have the ability to manipulate human gametes and embryos in order to create children with certain desirable characteristics. Despite the fact that this scientific idea is closer to becoming a reality, the question remains whether such techniques or the altered genetic material itself are eligible for patents. This article argues for a narrow reading of the holding in Myriad Genetics — US. —, 133 S. Ct. 2107 (2013) regarding cDNA, which would limit its application to the medical uses and gene therapy.