EEEEEEEYOOOOOO!: Reflections On Protecting Pitbull’s Famous Grito
Immediate recognition is the epitome of success for musical artists. Few artists attain the level of success at which fans easily identify their sound from a mere snippet of a…
Un-Blurring Substantial Similarity: Aesthetic Judgments and Romantic Authorship in Music Copyright Law
Music copyright disputes have been in the limelight since long before George Harrison subconsciously ripped off the Chiffons. Yet, with copyright holders becoming ever more litigious, disputes over musical rights…
The Current State of Pre-1972 Sound Recordings: Recent Federal Court Decisions in California and New York against Sirius XM Have Broader Implications than Just Whether Satellite and Internet Radio Stations Must Pay for Pre-1972 Sound Recordings
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…
Song on Wire: A Technical Analysis of ReDigi and the Pre-Owned Digital Media Marketplace
In October 2011, an online marketplace for reselling pre-owned digital music emerged. The founders of this online marketplace aptly named it ReDigi. In January 2012, ReDigi was promptly sued by…
The Merger and the Damage Done: How the DOJ Enabled an Empire in the Live Music Industry
In 2010, the Antitrust Division of the Department of Justice approved the merger of Ticketmaster and Live Nation, who combined to form Live Nation Entertainment. This paper revisits the Department's…
What Are the Constitutional Limits on Awards of Statutory Damages?
Music piracy is a major problem in this country, robbing the economy of billions each year. Andrew Berger argues that, if piracy is to end, large verdicts of the kind…
Girl Talk, Fair Use, and Three Hundred Twenty-Two Reasons for Copyright Reform
The music of the artist known as Girl Talk consists of hundreds of pre-existing samples taken without permission from popular songs. As Girl Talk becomes more prominent, lawyers, journalists and…
A New Model for Music Finance
Josh Kaplan proposes an alternative business model to the “360 deal.” By taking advantage of finance structures more traditionally employed by software and tech start-ups, musicians can partner with equity investors…