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Brian Bennett's List: OAA - Legal Case

  • Francescatti vs. Gaga

    References supporting the reply to Julian Perez's discussion post: Francescatti vs. Gaga.

  • Feb 24, 14

    Once an author has met the criteria for establishing a valid
    copyright and has completed the proper copyright registration
    procedure," the author then has certain exclusive rights under § 106
    of the Act with respect to the copyrighted work.' These exclusive rights include the rights to reproduce the work, to prepare derivative
    works, and to sell copies of the work to the public.' A copyright's
    term lasts for fifty years after the death of the sound recording
    artist.67

    pg. 241 par. B

    Kravis, Randy S. “Does a Song by Any Other Name Still Sound as Sweet: Digital Sampling and Its Copyright Implications.” Am. UL Rev. 43 (1993): 231.

    digitalcommons.wcl.american.edu/...viewcontent.cgi copyright owner sampling gaga

  • Feb 24, 14

    The original can be (must be?) for profit, the derivative work cannot.

    pg. 256

    URL http://faculty.ist.psu.edu/lkvasny/IST402/Sampling.pdf
    Accessed Sunday, February 23, 2014 7:44:52 PM

    faculty.ist.psu.edu/...Sampling.pdf copyright owner sampling gaga

  • Jenkins vs. Cash

    References supporting the reply to Cailin "Cai" Killian's discussion post: Jenkins vs. Cash.

  • Feb 24, 14

    "Every Son of God gets a little hard luck sometimes, especially when he goes round saying he is the way.
    The Robbie lyric went:
    I suppose even the Son of God gets it hard sometimes, especially when he goes round saying I am the way."

    “Sample Clearance.” Accessed February 24, 2014. http://www.soundonsound.com/sos/mar08/articles/sampleclearance_0308.htm.

    www.soundonsound.com/...sampleclearance_0308.htm copyright owner cash jenkins

    • Every Son of God gets a little hard luck sometimes, especially when he goes round saying he is the way.
      The Robbie lyric went:
      I suppose even the Son of God gets it hard sometimes, especially when he goes round saying I am the way.
    • The Biggie record sampled just five seconds of horns from ‘Singin’ In The Morning’, but very bad boy Diddy had failed to obtain a licence for its use.

  • Feb 24, 14

    "The first Congressional enactment of statutory copyright protection for sound recordings occurred in 1971 as a result of widespread record "piracy" (i.e., unauthorized duplication of sound recordings).44 Sound recordings are defined as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied."45 The requirement of fixation in a "tangible medium of expression"46 is met when the sound is embodied in a magnetic tape or a diskette.47"

    “SOUND SAMPLING PROTECTION AND INFRINGEMENT.” Accessed February 24, 2014. http://www.law.berkeley.edu/journals/btlj/articles/vol4/McGraw/HTML/text.html.

    www.law.berkeley.edu/...text.html copyright owner cash jenkins

    • The first Congressional enactment of statutory copyright protection for sound recordings occurred in 1971 as a result of widespread record "piracy" (i.e., unauthorized duplication of sound recordings).44 Sound recordings are defined as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied."45 The requirement of fixation in a "tangible medium of expression"46 is met when the sound is embodied in a magnetic tape or a diskette.47
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