Two recent court decisions examined, addressed, and adjudicated parallel issues potentially determining the scope of rights of legions of recording artists and freelance authors. While the core of each case centered on the fact that the agreements between each of the respective litigants did not expressly grant (or reserve) the exercise of the particular rights in dispute, the decisions of the courts have seemingly antithetical results. A review of each court's application of the governing law to the disparate facts of each case presents an interesting illustration of the relationship among business, the arts, and the role of the Copyright Act...
The protection of one's copyright interests as secured by the United States Constitution cannot exist in a vacuum. Only through legislative amendments and ever-evolving case law can the intent behind Article I, Section 8, Clause 8 be preserved. This article is intended to illustrate the evolving nature of the meaning of this clause through a side-by-side review of the two cases set forth above.
Keith C. Hauprich,
Business, the Arts & the Role of the Copyright Act,
6 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol6/iss1/9