Copyright, Technology & the Music Industry
The state of copyright is currently at war; it’s laborious
and will take a special person and piece of technology to completely protect
the sanctity of copyright. Technology is
the driving resource being used to protect copyright. We have to look at the history of technology
and its impact. The compact disc
replaced vinyl and cassettes, which provided an upgraded quality in sound and
durability. However the CD could be
duplicated over and over again. Move
over compact disc, here comes Digital Rights Manager (DRM); another piece of
technology that attempts to protect copyright work. A disc would be encrypted with copyright work
and the consumer to unlock the music content would purchase a key. In essence the consumer would agree to pay a
certain price for each time the music content was played. Fingerprinting and watermarking were ideas
that would extract features from music files and a unique code would be
provided. The problem starts with
databases being large enough and equipped with the capability to know who owns
what. With respects to the Uppermost
Academy for the Recording Arts, the intent for sound recordings would be to
copyright each body of work and control the number of music/media outlets that
would have access to our music. By controlling
the outlets we hope to minimize the risk of infringement.
Trademark Use and the Problem of Source in Trademark Law
Causing confusion and what’s the truth? Consumers are the catalyst for deciding the
source of trademark use. Consumers can
define if there’s a relationship between entities. For example, the company 7-Eleven Inc. paid
the Chicago Whitesox to advertise their home games to start at 7:11PM. This is a sponsorship relationship and most
consumers may not put the two together.
With respects to UARA, the name of the school and the title of the
Jackson 5’s song “Uppermost” may or may not be definitively connected by
consumers. Partly because the song
wasn’t a hit and the track comes from an album that wasn’t successful. On the other hand, it may compel consumers to
connect the two. If so, great for the
business!
Panel Discussion: Easterbrook on Contracts and Copyright
Pre-contractual investments? Well it sounds good, however are we setting
ourselves up for “non-serious” parties?
Perhaps, however the pre-contractual agreement does allow interested
parties to bail out at any moment before an actual contract is implemented. I really like the idea of a pre-contractual
agreement because it allows dialogue to take place and the opportunity to
identify the needs of all parties involved.
The risk for UARA is our intent to working with students just graduating
from high school. We don’t anticipate
they will have the best representation during a pre-contractual agreement
discussion, however our intent is to be fair and hope that we’ve done our due
diligence with providing students with the knowledge needed to come to the
table for pre-contractual discussions.
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