Category Archives: music

IPSC: Copyright again

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading

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IPSC, Copyright and Society

Third Breakout Session: Copyright & Society   Clemens Appl & Philipp Homar, Vienna University of Economics & Business, Education 4.0: Recent Challenges to Copyright   From user-generated content to user-generated copyright. Use of materials for educational purposes is one of … Continue reading

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IPSC: Other IP

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading

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Campbell conference: copyright and music licensing

Panel V. Copyright and Music Licensing (Moderator, Dean O’Connor)   Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential.  Social science: … Continue reading

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AU IP/Gender Panel II: Documenting Communities of Practice

Moderator – Meredith Jacob, American University Washington College of Law   Jhessica Reia, Center for Technology and Society at Fundacao Getulio Vargas (CTS-FGV) – DIY or Die! Gender and Creation in Marginal Music Production   Straight edge movement in Brazil: … Continue reading

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AU IP/Gender conference (with a keynote from me)

Reimagining IP/Gender: The Next Ten Years of Feminist Engagement with Intellectual Property Law   Presented with the Women and the Law Program American University Washington College of Law February 27, 2015 For registration and more information.   At the 11th … Continue reading

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False advertising claims over music licensing survive

Tresóna Multimedia LLC v. Legg, 2015 WL 470228, No. CV–14–02141 (D. Az. Feb. 4, 2015) Tresóna is a music copyright licensing company that sells custom arrangement licenses for particular pieces of music, allowing the purchaser to arrange a piece of … Continue reading

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IPSC part 5: more copyright

Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems. Dichotomy between patronage and copyright as alternative systems is wrong.  They work … Continue reading

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Next Great Copyright Act Conference, quasi-copyright

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading

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The Next Great Copyright Act Conference, music

Music Industry Specific Reforms Moderator: Lydia Loren, Lewis & Clark Law School Rube Goldberg-like design of rules, antitrust degrees, licenses, etc.: reform is hardest to contemplate, but most desperately needed.  So we need some ideas. Gary Greenstein, Wilson Sonsini Goodrich … Continue reading

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