文章基本信息

标题：Copyright Infringement in Sound Recording: How Courts and Legislatures Can Get in Vogue in a Post-Ciccone World
本地全文：下载
作者：Kennedy, Kristen B.
期刊名称：Journal of Law and Policy
印刷版ISSN：1074-0635
出版年度：2017
卷号：25
期号：2
页码：725
出版社：Brooklyn Law School
摘要：Music sampling is a legally complex and ambiguous area, with staggeringly high costs attached for copyright infringers. The legality of sampling frequently depends upon what jurisdiction the inquiry into the sampling takes place in, and has been guided by inconsistently applied doctrines of fair use, de minimis, and copyright infringement. The Ninth Circuit’s decision in VMG Salsoul v. Ciccone has dramatically highlighted these inconsistencies. This note suggests a four-part solution to resolve the tensions in copyrightable sound recordings magnified by the recent circuit split created by VMG Salsoul v. Ciccone. It incorporates elements of de minimis and fair use, a robust licensing scheme, and administrative oversight. While Ciccone fails to resolve the complex issues inherent to musical sampling and copyright infringement, it does create an opportunity for a joint legislative-judicial solution.
关键词：Copyright; Copyright infringement; Sound recording; Music sampling; Musical sampling; Music samples; Madonna; Sampling; De minimis; Fair use; Copyright Act; Copyright; Copyright law; Copyright litigation; Digital music sampling; Circuit split; Supreme Court; Ninth Circuit; Sixth Circuit