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This article explores the use of artificial intelligence to help define the current test for copyright infringement. Currently, the test for copyright infringement requires the jury or a judge to determine whether the parties’ works are “substantially similar” to each other from the...
Persistent link: https://www.econbiz.de/10013222137
This chapter focuses on a widely reported case related to the famous folk song ‘Happy Birthday to You’. Written in the late 19th century, the tune was held in copyright by a series of amendments and statutory actions which rendered the world’s most popular song unable to fall into the...
Persistent link: https://www.econbiz.de/10013231797
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and …
Persistent link: https://www.econbiz.de/10013234254
Trademarks on recordings are routinely used to ensure the accuracy of identifying information that music consumers may … federal trademark statute is not concerned with the source of intangible content such as music (or pictures, literature, etc … music trademarks if their legal reasoning were taken seriously. Dastar would prevent recording artists and labels from using …
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This chapter is a songwriter’s essay on the Music Modernization Act and how it attempts to address the future of the … songwriting profession in the digital age. Although the advent of streaming has resuscitated the music industry writ large …
Persistent link: https://www.econbiz.de/10013214815
comparison with formalist approaches to another subject matter: music. In that area, too, formalism initially faced considerable …
Persistent link: https://www.econbiz.de/10013079646
The Australian Federal Court case of Universal Music Australia Pty Ltd v Sharman License Holdings Ltd ( Sharman ) is …
Persistent link: https://www.econbiz.de/10012716317
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This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with … music. Traditional folk music and, more generally, traditional knowledge and expression (TKE) are not generally protectable … musical works, including in particular folk music broadly understood to provide economic and other benefits to originators and …
Persistent link: https://www.econbiz.de/10013316080