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Lyrics and the Law : the Constitution of Law in Music
University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations 1896 - February 2014 1-1-2006 Lyrics and the law : the constitution of law in music. Aaron R. S., Lorenz University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_1 Recommended Citation Lorenz, Aaron R. S.,, "Lyrics and the law : the constitution of law in music." (2006). Doctoral Dissertations 1896 - February 2014. 2399. https://scholarworks.umass.edu/dissertations_1/2399 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations 1896 - February 2014 by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. LYRICS AND THE LAW: THE CONSTITUTION OF LAW IN MUSIC A Dissertation Presented by AARON R.S. LORENZ Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY February 2006 Department of Political Science © Copyright by Aaron R.S. Lorenz 2006 All Rights Reserved LYRICS AND THE LAW: THE CONSTITUTION OF LAW IN MUSIC A Dissertation Presented by AARON R.S. LORENZ Approved as to style and content by: Sheldon Goldman, Member DEDICATION To Martin and Malcolm, Bob and Peter. ACKNOWLEDGMENTS This project has been a culmination of many years of guidance and assistance by friends, family, and colleagues. I owe great thanks to many academics in both the Political Science and Legal Studies fields. Graduate students in Political Science have helped me develop a deeper understanding of public law and made valuable comments on various parts of this work. -
Music Law and Business: a Comprehensive Bibliography, 1982-1991 Gail I
Hastings Communications and Entertainment Law Journal Volume 13 | Number 4 Article 5 1-1-1991 Music Law and Business: A Comprehensive Bibliography, 1982-1991 Gail I. Winson Janine S. Natter Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Gail I. Winson and Janine S. Natter, Music Law and Business: A Comprehensive Bibliography, 1982-1991, 13 Hastings Comm. & Ent. L.J. 811 (1991). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol13/iss4/5 This Special Feature is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Music Law and Business: A Comprehensive Bibliography, 1982-1991* By GAIL I. WINSON** AND JANINE S. NArrER*** Table of Contents I. Law Review and Journal Articles ......................... 818 A . A ntitrust ............................................ 818 B. Bankruptcy .......................................... 819 C. Bibliographies ....................................... 819 D . Contracts ........................................... 819 1. M anagem ent ..................................... 821 2. Personal Service ................................ -
Entertainment and Sports Law University of Memphis Law School Career Services Office
Entertainment and Sports Law University of Memphis Law School Career Services Office What is entertainment and sports law? Entertainment and sports law is civil law of a specific character that relates to the fields of entertainment and athletics. The practice involves contracts, labor law, corporate finance, intellectual property, and antitrust. Lawyers practicing in the field of entertainment and sports law specialize in knowing and understanding their clients’ industry and are able to advocate for their clients’ interests. In the major professional sports leagues of the National Football League (“NFL”), Major League Baseball (“MLB”), Na- tional Basketball Association (“NBA”), and National Hockey League (“NHL”), players’ associations act much like unions, regulating fees and salaries for sports professionals, coaches, and agents. For the lawyer specializing in entertainment law, intellectual property law takes center stage. Copyright law concerns the rights of creators of artistic works in the music, entertainment, publishing, and fine arts industries. Where do entertainment and Where do sports and entertainment lawyers do? sports lawyers work? Negotiating: Sports and entertainment lawyers negotiate contracts with spon- Private law firms: Some large firms sorships, television syndicators, and other representatives that interact with have departments specializing in the sports and entertainment industry. A lawyer working for a band might help to negotiate contracts with particular venues at a particular rate. entertainment and sports law, es- pecially in large cities where record Transactional work: Entertainment lawyers frequently contract for one-time labels house their headquarters or events that may never reoccur. Thus, entertainment and sports lawyers must in cities with professional sports be able to draft contracts that advance and protect their clients’ interests under a variety of circumstances. -
Music Law 102
Music Law 102 2019 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. We are always looking to welcome dynamic and accomplished lawyers to share their knowledge! As a LawPracticeCLE speaker, you receive a variety of benets. In addition to CLE teaching credit attorneys earn for presenting, our presenters also receive complimentary tuition on LawPracticeCLE’s entire library of webinars and self-study courses. LawPracticeCLE also aords expert professors unparalleled exposure on a national stage in addition to being featured in our Speakers catalog with your name, headshot, biography, and link back to your personal website. Many of our courses accrue thousands of views, giving our speakers the chance to network with attorneys across the country. We also oer a host of ways for our team of speakers to promote their programs, including highlight clips, emails, and much more! If you are interested in teaching for LawPracticeCLE, we want to hear from you! Please email our Directior of Operations at [email protected] with your information. -
Part 1 'The Basics'
PART 1 ‘THE BASICS’ 2 FOREWORD FOREWORD World Health Communication Associates HEALTH LITERACY Action Guide FOREWORD PARTFOREWORD 1 ‘THE BASICS’ 1 © 2009 by World Health Communication Associates Ltd. All rights reserved. Up to 10 copies of this document may be made for your non-commercial personal use, provided that credit is given to the original source. You must have prior written permission for any other reproduction, storage in a retrieval system, or transmission in any form or by any means. Requests for permission should be directed to World Health Communication Associates, Little Harborne, Church Lane, Compton Bishop, Axbridge, Somerset, BS26 2HD, UK. World Health Communication Associates is UK limited company no. 5054838 registered at this address; e-mail: [email protected]; tel/fax (+44) (0) 1934 732353. Cataloguing Information: ISBN 978-1-906157-04-3 This manual is a publication of the WHCA Action Guides Project. Franklin Apfel, MD, MHS, WHCA Managing Director Kara L Jacobson, MPH, CHES, Associate Faculty, Rollins School of Public Health of Emory University Ruth M Parker, MD, Professor of Medicine, Emory University School of Medicine Julia Taylor, Director, WHO Healthy Cities Programme, Liverpool Tony Boyle, Neighbourhood Public Health Manager, Liverpool Primary Health Care Trust Joanna Groves, CEO, International Alliance of Patients’ Organizations Jeremiah Mwangi, Senior Policy Officer, International Alliance of Patients’ Organizations Scott Ratzan, MD, Vice President Global Health, Johnson & Johnson Carinne Allinson, Editor, -
Neutral Is the New Blind
Neutral is the New Blind: Calling for Gender Segregated Evidence in UK Legislative Inquiries regarding the Music Industries Dr Metka Potočnik* Abstract In late 2020, the Government responded to the enormous crisis in the UK music industries, caused by the Covid-19 pandemic, by initiating several legislative inquiries, aimed at reviewing the rules regulating the industry, including rules on commercialisation of intellectual property (IP). The aim of the Department for Digital, Culture, Media & Sport (DCMS) inquiries is purportedly to improve the fairness and viability of the sector, which was devastated by the pandemic. At the same time, the Covid-19 crisis served as a catalyst to expose the pre-existing inequalities and unfairness in the UK music industries. This article explores the path of the UK DCMS 2020-21 legislative inquiry into the Economics of Music Streaming as a case study to the current approach in UK regulation of the music industries. Informed by the feminist theory of relational legal feminism and embedded in the broader framework of IP Social Justice theory, the author argues that the current approach to legislative inquiries is incomplete, because it fails to take into account the systemic barriers faced by women (i.e., all who identify as women), including gender minority musicians in the sector. The evidence collected fails to investigate the lived experience of women, to the detriment of fairness of the overall proposal of future reform. Keywords Feminist scholarship, IP Social Justice, Intellectual Property Law, the music industries, streaming, communication to the public, Brexit, EU-derived domestic legislation, retained EU case law, evidence-led policy, legislative inquiry. -
Report to the Senate Inquiry Into Broadcasting
REPORT TO THE SENATE INQUIRY INTO BROADCASTING Summary 1.This paper discusses the decline in programme standards for regional radio in inland N.S.W. with emphasis on the Dubbo region in particular. A list of suggestions is included that might remedy the situation. 2. Networking is outlined in the second part of this paper. I try to show that since the introduction of supplementary FM licences that networking has become the norm at the expense of the listener. Again a list of suggestions follow that would bring a satisfactiry compromise to the regrettable networking situation we have at the moment in country Victoria, N.S.W. and Queensland. Submitted by; Richard Mutton 1 Waverley Drive DUBBO 2830 phone 02 68 842124 [ah] fax 02 68 846778 mobile 0409 228 209 e mail [email protected] A DISCUSSION OF REGIONAL RADIO. PART A: RADIO IN THE CENTRAL WEST OF N.S.W. When I first came to Dubbo in 1989, there were 2 radio stations in this city, the ABC 2CR Orange transmitting from Cudal and commercial station 2DU transmitting from Eulomogo near Dubbo. Other stations with weaker signals could be picked up in Dubbo, but were hardly listenable. Now in 2000, we have 10 stations: Tourist Radio FM88; 2KY Racing Radio; Zoo FM; Star FM; Radio Rhema; ABC Triple J; ABC Classic FM; Local ABC 107.1; ABC Radio National all on the FM band and commercial station 2DU on the AM band. Frankly, the radio service for Dubbo was better in 1989 than it is now in 2000. -
Digital Sampling and the Legal Implications of Its Use After Bridgeport
Journal of Civil Rights and Economic Development Volume 22 Issue 1 Volume 22, Summer 2007, Issue 1 Article 9 Digital Sampling and the Legal Implications of Its Use After Bridgeport Amanda Webber Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. DIGITAL SAMPLING AND THE LEGAL IMPLICATIONS OF ITS USE AFTER BRIDGEPORT AMANDA WEBBER* INTRODUCTION The increase in digital sampling has been greatly attributed to the hip hop industry,1 one of the most influential and popular genres of music in the world today.2 "Old recordings are to the hip-hop producer what paint is to the painter-raw material to be manipulated into art."3 Today's "studio musicians" are able to manipulate and add effects to previously recorded music, creating an infinite amount of new and innovative sounds without fear of ruining the sound quality.4 However, to the world outside of the hip hop industry, music that utilizes digital * J.D. Candidate, June 2007, St. John's University School of Law; B.A. Public Relations, Minor in Business, Pennsylvania State University at University Park, December 2003. 1 See Susan Butler, Court Ruling Could Chill Sample Use, BILLBOARD, September 18, 2004. According to the Roots' co-manager Shawn Gee, "[s]ampling is so important. -
From Owning to Using Music: Transactional Music Attorneys Struggle with a Changing Landscape and Its Financial Realities
From Owning to Using Music: Transactional Music Attorneys Struggle With A Changing Landscape and Its Financial Realities By John Simson1 and Ken Abdo2 It is nearly impossible to describe the momentous seismic shift that we have all witnessed over the past fifteen years with each new technological development and method of delivering music to consumers; it is probably enough to say that it’s been a hell of a ride! Transactional music attorneys have seen the transformation of five major labels into three major entertainment companies: no longer able to achieve the return on investment from CD sales that fueled their enormous growth in the 1980’s and 1990’s, they have tried to re‐invent themselves as leaner, more agile, marketers and branders of recording artists. Record company executives have long claimed that it was record company money that built brands through the recordings they funded and released together with the promotion and marketing they advanced and administered. Tour support was frequently the only way that new bands could afford to tour and grow a fan base. Is it more surprising that for decades record labels didn’t try to share in touring and that their attempts to share in other revenue streams, most notably merchandize and publishing, were on a “right to match” another company’s offer and not compelled under the terms of the record deal? Now it is expected that 1 John L. Simson was signed to Perception Records in 1971 as a singer/songwriter. He was recently named a Special Consultant for Artist Relations and Business Development by Kobalt Music to assist them in building a "neighboring rights" business (collecting artists' royalties around the world). -
How Spotify Killed the Radio Star: an Analysis on How the Songwriter
Cybaris® Volume 6 | Issue 1 Article 7 2015 How Spotify Killed the Radio Star: An Analysis on How the Songwriter Equity Act Could Aid the Current Online Music Distribution Market in Failing Artists Caitlin Kowalke Follow this and additional works at: http://open.mitchellhamline.edu/cybaris Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Kowalke, Caitlin (2015) "How Spotify Killed the Radio Star: An Analysis on How the Songwriter Equity Act Could Aid the Current Online Music Distribution Market in Failing Artists," Cybaris®: Vol. 6: Iss. 1, Article 7. Available at: http://open.mitchellhamline.edu/cybaris/vol6/iss1/7 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Cybaris® by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Kowalke: How Spotify Killed the Radio Star: An Analysis on How the Songwri Published by Mitchell Hamline Open Access, 2015 1 Cybaris®, Vol. 6, Iss. 1 [2015], Art. 7 HOW SPOTIFY KILLED THE RADIO STAR: AN ANALYSIS ON HOW THE SONGWRITER EQUITY ACT COULD AID THE CURRENT ONLINE MUSIC DISTRIBUTION MARKET IN FAILING ARTISTS CAITLIN KOWALKE† TABLE OF CONTENTS I. Introduction ............................................................................. 195 II. What Ownership Rights Are Songwriters Guaranteed Under Current Copyright Law? ........................................... 198 A. Mechanical Licenses ..................................................... 198 B. Compulsory Licenses ..................................................... 200 C. Section 114 Limitations ................................................. 204 III. Industry Limitations on Musical Copyright Today ............... 205 A. Emerging Technology as a Constant Threat to Copyright Protections .................................................. -
How Copyright Law May Affect Pop Music Without Our Knowing It
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 12-2014 How Copyright Law May Affect Pop Music without Our Knowing It Peter K. Yu [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Peter K. Yu, How Copyright Law May Affect Pop Music without Our Knowing It, 83 UMKC L. Rev. 363 (2014). Available at: https://scholarship.law.tamu.edu/facscholar/405 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. HOW COPYRIGHT LAW MAY AFFECT POP MUSIC WITHOUT OUR KNOWING IT Peter K. Yu* I. INTRODUCTION When copyright law is linked to the creation of music-the focus of this Symposium-interesting questions arise. In the context of classical music, for example, why could Johann Sebastian Bach "recycle" in his Concerto for Four Harpsichords the opening phrase in Antonio Vivaldi's Concerto for Four Violins, Strings and Harpsichord Continuo?' Why could Peter Ilyich Tchaikovsky include in his 1812 Overture repetitive fragments of La Marseillaise and the anthem God Save the Tsar! to portray the clash between the French and Russian armies?2 Would copyright protection in musical works help Wolfgang Amadeus Mozart avoid poverty and the fate of dying penniless? Or would such protection instead lead him to behave more like Johannes Brahms and Giuseppe Verdi, whose creativity slowed down significantly following the introduction of copyright protection?3 * Copyright © 2014 Peter K. -
Rosen-Music and Copyright.Pdf
Music and Copyright This page intentionally left blank Music and Copyright Ronald S. Rosen 1 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Th ailand Turkey Ukraine Vietnam Copyright © 2008 by Ronald S. Rosen Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press Oxford University Press is a registered trademark of Oxford University Press, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Ronald S. Rosen. _____________________________________________ Library of Congress Cataloging-in-Publication Data Rosen, Ronald S. Music and copyright / Ronald S. Rosen. p. cm. Includes bibliographical references and index. ISBN 978-0-19-533836-2 (pbk. : alk. paper) 1. Copyright—Music—United States. 2. Fair use (Copyright)—United States. 3. Copyright infringement—United States. I. Title. KF3035.R67 2008 346.7304’82—dc22 2008013929 _____________________________________________ 1 2 3 4 5 6 7 8 9 Printed in the United States of America on acid-free paper Note to Readers Th is publication is designed to provide accurate and authoritative information in regard to the subject matter covered.