How Playlists Broke the Internet: an Analysis of Copyright in Playlist Ownership
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Reflections on the 25Th Anniversary of Feist Publications, Inc. V. Rural Telephone Service Co
Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 2017 Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. Tyler T. Ochoa Santa Clara University School of Law, [email protected] Craig Joyce University of Houston Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.scu.edu/facpubs Part of the Intellectual Property Law Commons Automated Citation Tyler T. Ochoa and Craig Joyce, Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. , 54 HOUS. L. REV. 257 (2017), Available at: https://digitalcommons.law.scu.edu/facpubs/961 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. Do Not Delete 11/22/2016 5:54 PM HISTORICAL ESSAY REACH OUT AND TOUCH SOMEONE: REFLECTIONS ON THE 25TH ANNIVERSARY OF FEIST PUBLICATIONS, INC. V. RURAL TELEPHONE SERVICE CO. **Craig Joyce & Tyler T. Ochoa*** ABSTRACT 2016 marks the 25th anniversary of the Supreme Court’s opinion in Feist Publications, Inc. v. Rural Telephone Service Co., one of the Court’s landmark opinions in copyright law, and one that continues to define the standard of originality for copyrighted works in general and compilations of data in particular. The Feist case, however, was an unlikely candidate for landmark status. -
Feist Publications V. Rural Telephone Service Company "Altruism Expressed in Copyright Law" Sherrie Callis
Golden Gate University Law Review Volume 22 Article 13 Issue 2 Notes and Comments January 1992 Copyright Protection in Factual Compilations: Feist Publications v. Rural Telephone Service Company "Altruism Expressed in Copyright Law" Sherrie Callis Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Intellectual Property Law Commons Recommended Citation Sherrie Callis, Copyright Protection in Factual Compilations: Feist Publications v. Rural Telephone Service Company "Altruism Expressed in Copyright Law", 22 Golden Gate U. L. Rev. (1992). http://digitalcommons.law.ggu.edu/ggulrev/vol22/iss2/13 This Note is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Callis: Copyright Protection COPYRIGHT PROTECTION IN FACTUAL COMPILATIONS: FEIST PUBLICATIONS v. RURAL TELEPHONE SERVICE COMPANY "ALTRUISM EXPRESSED IN COPYRIGHT LAW" INTRODUCTION The Constitution grants Congress the power to create copy right laws.1 This grant contains inherent tensions between protecting the author's fruits of labor and providing the pub lic with access to copyrighted works.2 Copyright law reflects these tensions. Until recently two competing theories about what copyright protection is available to factual compilations split the circuit courts of appeal. The Copyright Act defines a compilation as "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship."3 Fact-based compilations involve factual preexisting materials or data.· The two theories which split the circuit courts of appeal over copyright protection available to fact-based compila tions are the "sweat of the brow" theory, previously followed In three circuits,6 and the "selection, arrangement, or 1. -
Prefab Compilation Album It's a Prefab World!
Contact: PreFab International Productions email: [email protected] web: prefabgroup.com PreFab compilation album It’s a PreFab World! released May 2012 American record label PreFab International Records is pleased to announce the release of it’s first compilation album It’s a PreFab World! The label, primarily known as a home for the recording projects of musician Phil Gammage, has assembled a stellar collection that highlights some of the best songs of the past few years from it’s catalog. What sets this compilation apart from the competition though, is the wealth of rare and previously unreleased tracks that make the bulk of the content. Featured songs from previous PreFab albums include “In Love Again” from The Scarlet Dukes (used in a 2008 Walmart commercial), Claudia’s version of Lou Reed’s “I’ll Be Your Mirror” from her debut CD single, downtown legends Certain General with their classic “Maximum G” from the essential Live at the Public Theatre, and Phil’s “Nueva York” from his jazz instrumental collection Tracks of Sound The rare and previously unreleased music from these artists that appear on It’s a PreFab World! are as strong or exceed the featured songs from their other PreFab albums. Certain General scores with the moody “I’ll Behave”. Songstress Claudia showcases her talents with her unique versions of Nirvana’s “About a Girl” and label-mates Certain General’s composition “Heathcliff Skies”. Gammage stretches out on guitar in the instrumental workouts “Third Avenue Wind Tunnel” and “Stacey Says”. And Phil’s neo-lounge project Voodoo Martini re-emerges with a new lineup and their first new recordings in over a decade (!?) with “Naked in the Rain”, “I Kissed My Girl”, and others. -
How to Share Music in Many Complicated Steps
HOW TO SHARE MUSIC IN MANY COMPLICATED STEPS Songwriter Gives permission to Music Publisher Gives permission to use song in film or tv use song in Accepts transferred copyright in dramatic work SYNCHRONIZATION exchange for paying royalties RIGHTS GRAND RIGHTS Contracts with: Mechanical Rights Company Performing Rights Society (ie: Harry Fox Agency) (ie: ASCAP, BMI) Control permission to make and License use of the recording for radio, distribute the recording of a song store background, ringtones, etc PERFORMANCE RIGHTS MECHANICAL RIGHTS OR the song itself to sing in public SMALL RIGHTS Recording Company (ie: Arista Records) Gives permission to Create original “professional” use recording in film recording or single or album or tv Gets permission to make album MASTER USE RIGHTS –pays royalty for album sales -makes available to performing rights society HOW TO SHARE MUSIC IN MANY COMPLICATED STEPS Definitions Synchronization Rights: The right to use the music in timed relations with other visual elements in a film, video, television show/commercial, or other audio/visual production. In other words, the right to use the music as a soundtrack with visual images. Synchronization licenses are obtained from the publisher (or composer if no publisher) or the music library. Master Use Rights: When you hear music in a film or on TV, this recording is known in the music industry as the "master recording". This is what is produced after all the musicians have played their parts and these parts have been "mixed" together for release. The recording of the master is also protected by copyright. A record label or music library owns this copyright, and can grant the right to use the recording in a compilation album, film soundtrack or other Audio/Visual medium. -
The Challenges of Copyright in the EU
Briefing June 2015 The challenges of copyright in the EU SUMMARY Despite over a century of international harmonisation, copyright law remains essentially national law, even though some fundamental copyright norms are gradually converging. Today, copyright is regulated at international level mainly through the Bern Convention, the Universal Copyright Convention, and a series of other treaties administered by the World Intellectual Property Organization. At present, national copyright laws are grounded in a handful of universal rules and principles. Exclusive rights are granted to creators for 'original' works which range from art (music, paintings) to information products (maps, databases). The rights conceded under copyright vary with national laws and legal traditions (civil law in continental Europe and common law in Anglo-American countries). However, as a minimum, exclusive rights encompass the rights to reproduce, distribute, rent, lend, or communicate a work to the public. All these rights can be transferred and/or collectively managed by specialist intermediaries (notably for music works). Most national laws also grant moral rights to protect the author's name and reputation. Other provisions – such as the term of copyright protection – differ widely on a global scale. To maintain a fair balance between the interests of users and rights-holders, legislators have foreseen a number of exceptions, allowing for limited free use of certain works. The main European Union instrument providing a legal framework for copyright is the 2001 Copyright Directive. In May 2015, the European Commission unveiled its plans to create a Digital Single Market, aiming in this respect to present legislative proposals reducing the differences between national copyright regimes and allowing for wider online access, including through further harmonisation measures. -
Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2007 Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH Carys J. Craig Osgoode Hall Law School of York University, [email protected] Source Publication: UBC Law Review. Volume 40, Number 1 (2007), p. 69-120. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Craig, Carys J. "Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH." UBC Law Review 40.1 (2007): 69-120. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. RESISTING "SWEAT" AND REFUSING FEIST: RETHINKING ORIGINALITY AFTER CCH CARYS J. CRAIGt I. INTRODUCTION A. THE ORIGINALITY DOCTRINE IN COPYRIGHT LAW Copyright law offers protection for original works of artistic, literary, dramatic, or musical expression.1 Originality is "the foundation stone of copyright"2 and the defining characteristic of copyrightable expression. Like many aspects of intellectual property law, it is easy to state the basic need for originality, but it is far harder to ascertain what this means. How should originality be understood? It is trite to say that absolute originality is impossible: We are always already part of that which surrounds us and preceded us. Even in our so-called "creativity", we all stand on the proverbial shoulders of giants. -
Tuesday, 16 July 2013
Frnchng the copynght baFiance: ongrnahty, authonsaUon and far deahng vi Canathan and New Zeaand aw Anna Kingsbury, Senior Lecturer in Law, University of Waikato Introduction infringed when a single copy of a reported decision, case Copyright law is based on a balance between the need to summary, statute, regulation or a limited selection of text provide incentives and rewards to authors on the one hand, from a treatise is made by the Great Library staff or one of and the need to ensure new creators have adequate access to its patrons on a self-service photocopier for the purpose of existing works on the other. Recent years have seen a trend research.3 in copyright law toward extending rights for rights holders The Supreme Court of Canada's decision was delivered at the expense of users and the public domain. This trend by Chief Justice McLachlin. The Court decided the case in has continued' despite extensive critique from favour of the Law Society. In so doing, it took an approach commentators internationally. At a normative level, debate to copyright law generally, and to specific provisions of continues over how copyright provisions should be Canada's Copyright Act, that is of considerable relevance to interpreted in order to preserve the copyright balance, and interpretation of the New Zealand Copyright Act. This in order to facilitate access to copyright works, particularly article reviews this approach, and compares it to existing access for new creators. New Zealand judicial approaches to these issues. It argues A recent case from the Supreme Court of Canada that the Supreme Court of Canada's approach is robust and contributes to these debates. -
Possible Futures of Fair Use
POSSIBLE FUTURES OF FAIR USE Pamela Samuelson • Abstract: This Article celebrates the twenty-one-year majority status of Campbell v. Acuff-Rose Music, Inc. Campbell has unquestionably had transformative impacts on the doctrine of fair use in U.S. copyright case law, making several significant contributions that go well beyond the Court's endorsement of the "transformative" nature of a use as tipping in favor of fairness. Several notable cases have built upon the analytical foundation established in Campbell. This Article also considers possible futures of fair use. What will fair use look like twenty-one years from now? Will it stay much as it is right now, or will it change, and if so, how? Some critics think that fair use has gone too far and are urging a return to a more restrictive scope for the doctrine. This Article considers and responds to various critiques of the present state of fair use law, including whether fair use is consistent with international treaty obligations. This Article concludes that fair use will survive these critiques and will continue to evolve to provide a useful mechanism for balancing the interests of authors and other rights holders, on the one hand, and subsequent authors and other users of copyrighted works, on the other hand. It discusses some new horizons that commentators have imagined for fair use to address certain problems that beset copyright law today. Of the possible futures of fair use, that which would preserve the status quo and expand fair use into new horizons is the one most likely to occur and most to be desired. -
Mediated Music Makers. Constructing Author Images in Popular Music
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Helsingin yliopiston digitaalinen arkisto Laura Ahonen Mediated music makers Constructing author images in popular music Academic dissertation to be publicly discussed, by due permission of the Faculty of Arts at the University of Helsinki in auditorium XII, on the 10th of November, 2007 at 10 o’clock. Laura Ahonen Mediated music makers Constructing author images in popular music Finnish Society for Ethnomusicology Publ. 16. © Laura Ahonen Layout: Tiina Kaarela, Federation of Finnish Learned Societies ISBN 978-952-99945-0-2 (paperback) ISBN 978-952-10-4117-4 (PDF) Finnish Society for Ethnomusicology Publ. 16. ISSN 0785-2746. Contents Acknowledgements. 9 INTRODUCTION – UNRAVELLING MUSICAL AUTHORSHIP. 11 Background – On authorship in popular music. 13 Underlying themes and leading ideas – The author and the work. 15 Theoretical framework – Constructing the image. 17 Specifying the image types – Presented, mediated, compiled. 18 Research material – Media texts and online sources . 22 Methodology – Social constructions and discursive readings. 24 Context and focus – Defining the object of study. 26 Research questions, aims and execution – On the work at hand. 28 I STARRING THE AUTHOR – IN THE SPOTLIGHT AND UNDERGROUND . 31 1. The author effect – Tracking down the source. .32 The author as the point of origin. 32 Authoring identities and celebrity signs. 33 Tracing back the Romantic impact . 35 Leading the way – The case of Björk . 37 Media texts and present-day myths. .39 Pieces of stardom. .40 Single authors with distinct features . 42 Between nature and technology . 45 The taskmaster and her crew. -
(1991) Feist Publications, Inc. V. Rural Telephone Service Co., Inc. No. 89
499 U.S. 340 (1991) Feist Publications, Inc. v. Rural Telephone Service Co., Inc. No. 89-1909 Supreme Court of the United States Argued January 9, 1991 Decided March 27, 1991 [...] JUSTICE O'CONNOR delivered the opinion of the Court. in which Rehnquist, C. J., and White, Marshall, Stevens, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., concurred in the judgment. This case requires us to clarify the extent of copyright protection available to telephone directory white pages. I Rural Telephone Service Company, Inc., is a certified public utility that provides telephone service to several communities in northwest Kansas. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. Accordingly, as a condition of its monopoly franchise, Rural publishes a typical telephone directory, consisting of white pages and yellow pages. The white pages list in alphabetical order the names of Rural's subscribers, together with their towns and telephone numbers. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes. Rural distributes its directory free of charge to its subscribers, but earns revenue by selling yellow pages advertisements. Feist Publications, Inc., is a publishing company that specializes in area-wide telephone directories. Unlike a typical directory, which covers only a particular calling area, Feist's area-wide directories cover a much larger geographical range, reducing the need to call directory assistance or consult multiple directories. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46,878 white pages listings—compared to Rural's approximately 7,700 listings. -
PRESS RELEASE Go 1St Records Announces Artist Roster For
PRESS RELEASE Mon Hills Music Group Go 1st Records Jon Flood (740) 359-1607 [email protected] TO BE RELEASED: Oct. 26, 2020 Go 1st Records announces artist roster for compilation album Morgantown, W.Va.- Go 1st Records, the new record label under West Virginia University’s Mon Hills Music Group, has announced the artist roster for its first annual compilation album, set to release in the spring of 2021. The artists on the album will be Aristotle Jones, Ben McChesney, Cj Rhen, Cowboy Chris, Grace Campbell, Kirsten Edwards, Tristan Miller and Sheepsquatch. Each artist will have one original song on the album. Aristotle Jones, Appalachian soul man, brings a unique regional flare to the album, which will be a follow up to his first solo single released in Nov. 2019. “I make music that reflects the courage, strength and fortitude that are common threads connecting the people of our region,” said Jones. Ben McChesney represents one of many student artists on the compilation album. He is a WVU student and self-described bedroom pop artist. Cj Rhen is a composer and WVU student who plays the saxophone and trumpet. “My focus is jazz writing and arranging, film and video game scoring, music technology, as well as my trumpet playing,” said Rhen. Cowboy Chris (Chris O’Hearn) is a singer-songwriter whose music draws influence from alt- rock, hip-hop, and country. The WVU alumnus has been active in the Morgantown music scene for two years and runs an open mic to support local artists. Grace Campbell, a WVU freshman, is a singer-songwriter from Princeton, W.Va. -
Warner Music Canada to Release the Juno Awards 2013 Nominee Compilation March 19, 2013
For immediate release WARNER MUSIC CANADA TO RELEASE THE JUNO AWARDS 2013 NOMINEE COMPILATION MARCH 19, 2013 ~Proceeds From Sale Go To MusiCounts, Canada’s Music Education Charity~ (TORONTO, ON – Tuesday, 19 February 2013) – Warner Music Canada will be releasing The JUNO Awards 2013 Nominee Compilation album on March 19, 2013. As in previous years, the project is a joint venture between Sony Music Entertainment, Universal Music Canada and Warner Music Canada in conjunction with The Canadian Academy of Recording Arts and Sciences (CARAS). The JUNO Awards 2013 Nominee Compilation album is a not-for-profit project with proceeds going directly to MusiCounts, Canada’s music education charity associated with CARAS, helping to keep music alive in schools across Canada. MusiCounts’ mission is to ensure that children in Canada, regardless of socio-economic circumstances or cultural background, have access to a music program through their school. MusiCounts includes Band Aid musical instrument grants, the MusiCounts Teacher of the Year Award, scholarships, and other music education initiatives. “This album captures some of Canada’s brightest musical stars at the height of their creativity. It is an honour to work with the other labels in presenting such a rich musical compilation and help support the ongoing efforts of MusiCounts,” commented Steve Kane, President, Warner Music Canada. Track Listing: 1. Carly Rae Jepsen Call Me Maybe 2. Justin Bieber Boyfriend 3. Hedley Kiss You Inside Out 4. Marianas Trench Desperate Measures 5. Metric Breathing Underwater 6. Billy Talent Surprise Surprise 7. The Sheepdogs Feeling Good 8. Victoria Duffield Shut Up and Dance 9.