In my prior post, I argued that the limited nature of the sound recording copyright has had adverse effects on the scope of protection for other copyrights.1 The copyright act defines a sound recording in terms of the process of fixation, not in terms of substantive expression.2 In response, courts developed bright-line rules towards copying…
Tag: Entertainment
Sound Recording Feedback: Bright-Line Rules and Blurred-Lines Jurisprudence
“[G]ood artists copy[,] great artists steal. And we have always been shameless about stealing great ideas.” – Steve Jobs1 Mimicry, homage, and blatant copying create the foundation for several artistic forms, including contrafacts and mash-ups.2 Yet, copying is merely the start of the creative process. At the heart of the arts is the copying-expression cycle:…
Consumers are NOT “Amused” by Chicago’s New 9% Streaming Tax
Residents of Chicago may be familiar with the city’s “Amusement Tax,” which levies a 9% tax on admission fees or other charges for the “privilege to enter, to witness, to view or to participate in an amusement.”1 An amusement is broadly defined as including “any exhibition, performance, presentation or show for entertainment purposes,” or “any…