Music and Copyright
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Product details:
- Publisher OUP USA
- Date of Publication 6 November 2008
- ISBN 9780195338362
- Binding Paperback
- No. of pages618 pages
- Size 235x159x28 mm
- Weight 865 g
- Language English 0
Categories
Long description:
Music and Copyright provides the first comprehensive analysis of music infringement issues within the context of copyright litigation. Set forth in understandable language, it examines this important area of copyright law, which continues to be widely misunderstood by lawyers, business people and--perhaps most seriously of all--the federal judiciary. It combines music and copyright theories with practical approaches to understanding musical ideas and expression and
providing guidance in the difficult task of disentangling unprotectable ideas from protectable expression. It provides a practical and strategic roadmap to a music infringement action, beginning with the client's claim or defense and continuing through the selection and use of experts, conducting effective discovery,
moving for summary judgment and trial.
Table of Contents:
PRELUDE
Music and Copyright: The Search to Separate Idea from Expression
The Rise of Copyright: A Brief Review
CHAPTER 1. THE COPYRIGHT LAW: AN OVERVIEW
Basic Principles: An Introduction
The Idea/Expression Dichotomy
Filtration
A Sampling of Unprotectable Elements of Non-Musical Works
Lack of Jurisdiction: Extraterritorial Acts
CHAPTER 2. THE BASIC ELEMENTS OF MUSICAL LANGUAGE AND IDEAS: THE COPYRIGHT PERSPECTIVE
Music as Language
Copyright and the Components of Musical Language and Ideas
The Limitations of Musicological Analysis a Solution: Context and Spirit
Musical Ideas and Expressions: A Sampling
CHAPTER 3. INFRINGEMENT AND THE COMMENCEMENT OF LITIGATION
The Plaintiff
The Defendant
CHAPTER 4. THE IMPORTANCE OF THE EXPERT: THE MUSICOLOGICAL EXPERT
Infringement of Musical Works: The Importance of Expert Opinion and Guidance
Music Infringement, The Courts and The Search for Answers
Selecting the Expert
The Gatekeeper Role of the Court: The Daubert Hearing
The Musicological Expert: Translator and Teacher of Musical Language
The Next Phase: Maintaining Contact with the Expert
CHAPTER 5. THE IMPORTANCE OF THE EXPERT: THE APPORTIONMENT EXPERT
Historical Background and Rationale Underlying Apportionment
The Apportionment Expert
Final Thoughts: Apportionment and the Tolerance of Imperfection
CHAPTER 6. BORROWING, THE ART OF PARODY AND OTHER EXERCISES IN FAIR USE
The Origins and Uses of Parody and Satire
Common Sense and Clarification: Campbell v. Acuff-Rose
Parody In Literature, Motion Pictures and The Visual Arts
Musical Parody
Satire in Literature and the Theatre
Satire in Music: Don Quixote, Richard Strauss and Mozart
The Convergence of Parody and Satire
The Quotation
The Indirect Suppression of Parody, Satire and Quotation
Non-Musical and Musical Equivalents A Brief Cadenza
Coda: The Obscenity/Pornography Syndrome
CHAPTER 7. DISCOVERY
Discovery Tools and their Uses
The Discovery Plan: Ultimate Facts and Controlling Authorities
A Hypothetical Case Study: Tunesmith v. Crater
Interrogatories
Requests for Admission
The Taking of Depositions
CHAPTER 8. MUSIC AND SUMMARY JUDGMENT
Early History and The Anti-Summary Judgment Bias
Celotex, Anderson and Matsushita: Clearing the Air
Specific Grounds for Summary Judgment In Copyright Litigation
Preparing a Summary Judgment Motion
CHAPTER 9. COPYRIGHT AND MUSIC IN THE COURTROOM THE CASE OF BAXTER V. UNIVERSAL AND WILLIAMS
Preparation for a Music Infringement Trial: Special Considerations
The Theme for the Trial
The Opening Statement and Closing Argument
A Note on Direct Examination
A Note on Cross Examination
Jury Instructions and Special Verdicts
Motions During and After Trial
CHAPTER 10. POSTLUDE: BACK TO THE FUTURE
The Impact of Modern Technology on Copyright Law
The Plea for Non-Protectability
