Case Western Reserve law review最新文献_第6页

Comment: Where Does Creativity Come From ? And Other Stories of Copyright 评论:创造力从何而来?和其他关于版权的故事

Case Western Reserve law review Pub Date : 2004-03-20 DOI: 10.31228/osf.io/5evx2

M. J. Madison

引用次数: 3

Untangling the Web of Music Copyrights 解开音乐版权之网

Case Western Reserve law review Pub Date : 2003-10-01 DOI: 10.2139/SSRN.424701

L. Loren

{"title":"Untangling the Web of Music Copyrights","authors":"L. Loren","doi":"10.2139/SSRN.424701","DOIUrl":"https://doi.org/10.2139/SSRN.424701","url":null,"abstract":"The crisis in the music industry has been brought about only in part by the digital revolution. The layering of copyright ownership interests and the complexity of copyright law, particularly as it applies to music, has also played a major role in the inability of the industry to respond to the rapidly evolving ways in which digital works can be distributed and otherwise exploited. After detailing the tangle of legal rights in the music industry and identifying the vested industry players and their respective roles, this article describes the difficulties faced by users of new technology in attempting to comply with the law. These problems may explain, at least in part, the widespread phenomenon of what many in the industry see as infringement on a massive, and global, scale. Without low-transaction-cost solutions and reasonable absolute price for obtaining authorization for the digital activities of millions of users, we see a classic example of market failure. Users respond to this failure by effectively exiting the failed market, completely ignoring the overly cumbersome requirements of the law. This article proposes concrete changes that should be implemented in the Copyright Act. First, the Copyright Act should embrace derivative work independence, eliminating the problems that result from the dual layers of copyright ownership in a final product utilized by downstream listeners. For such a consolidation to be effective in the music industry, however, two additional changes are necessary. First, the compulsory mechanical license for musical works, codified in section 115 of the Copyright Act, must be repealed. Second, sound recording copyright owners must be granted rights equal to those of musical work copyright owners. This package of three changes constitutes a significant modification in the structure of rights in the music industry that would result in a more efficient market for downstream use. The article also recommends that copyright owners be granted a unified right to \"commercially exploit\" the copyrighted work, rather than the divisible rights that the Copyright Act currently grants in section 106. In the music industry, copyright owners routinely assign or exclusively license their separate rights to different industry players, dividing these legal entitlements and causing a fractionation of rights in a single copyrighted work. In the digital realm, each of the owners claims that a variety of uses implicates her rights and thus requires her permission. A unified right would take time to influence contracting behavior, but should create vested industry players divided by logical markets rather than clustered around the different statutory rights granted to the copyright owner. Finally, the article explores the problems associated with industry consolidation and the existing and potential mechanisms to reduce the negative effects of the present consolidation. Congress has included provisions in the Copyright Act aimed at curbing p","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"53 1","pages":"673"},"PeriodicalIF":0.0,"publicationDate":"2003-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68746158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 23

Sex discrimination or a hard pill for employers to swallow: examining the denial of contraceptive benefits in the wake of Erickson v. Bartell Drug Co. 性别歧视还是雇主难以下咽的苦口:埃里克森诉巴特尔制药公司(Erickson v. Bartell Drug Co.)案后对拒绝提供避孕福利的调查

Case Western Reserve law review Pub Date : 2002-01-01

Lee Korland

引用次数: 0

Curfew Laws, Freedom of Movement, and the Rights of Juveniles 宵禁法、行动自由和青少年的权利

Case Western Reserve law review Pub Date : 2000-01-01 DOI: 10.4324/9780203390290-15

Benjamin C. Sasse

引用次数: 3

Taking Future Claims Seriously: Future Claims and Successor Liability in Bankruptcy 认真对待未来债权:破产中的未来债权和继承人责任

Case Western Reserve law review Pub Date : 1998-08-10 DOI: 10.2139/SSRN.92189

Frederick Tung

{"title":"Taking Future Claims Seriously: Future Claims and Successor Liability in Bankruptcy","authors":"Frederick Tung","doi":"10.2139/SSRN.92189","DOIUrl":"https://doi.org/10.2139/SSRN.92189","url":null,"abstract":"Treatment of contingent tort liabilities when a business is sold presents a particular challenge for corporate and bankruptcy law. In this article, I focus on the precarious position of future tort claimants-those who may be harmed by a manufacturer's defective product after the manufacturer has sold its business and disappeared. By the time the future claimant's injury occurs, she may be left with no means of recovery. While the article focuses primarily on the bankruptcy sale context, a discussion of the nonbankruptcy context provides important background. With respect to the nonbankruptcy context, I discuss the doctrine of successor liability and the controversy concerning its various proffered rationales. I conclude tentatively that a cost internalization approach is the most plausible. One consequence of a cost internalization approach is that its applicability in the insolvency context is questionable. If the manufacturer is insolvent at the time of sale, then any acquirer should take free of successor liability risk. Insolvency means that the manufacturer's equity capital has already been exhausted at the time of sale. Therefore, any costs shifted by virtue of the acquirer's discounted bid price would simply be shifted from one set of the manufacturer's creditors to another. While there is good reason to prefer future claimants over the manufacturer's shareholders-which under a cost internalization theory is the effect of successor liability if he manufacturer is solvent-there may not be good reason to prefer future claimants over other creditors of the manufacturer. This observation, coupled with the transaction costs that successor liability creates, suggests that the doctrine should not apply in the insolvency context. In the bankruptcy sale context, proper treatment of future claims and any attendant successor liability rights is also an unsettled question.I argue (1) that future claims should always be accounted for in the bankruptcy proceeding in which a business is transferred, and (2) that once that is accomplished, attendant successor liability rights may properly be eliminated. Inclusion of future claimants in bankruptcy's common pool is necessary in order to provide complete relief to the debtor and assure survival of the going concern. It also vindicates bankruptcy's norm of equal treatment. Provided future claims are included in the bankruptcy distribution, that should be their exclusive remedy. They do not deserve a second recovery that post-bankruptcy successor liability would provide. Neither of these prescriptions, however, is a given under current law.In the mass tort context, future claims are included in bankruptcy because they must be in order for the business to survive, but otherwise they are ignored. Recent reform proposals seem to condone such inconsistent, result-oriented treatment of future claims in bankruptcy, as theorists call for a \"flexible\" approach. I argue that in the bankruptcy sale context, a flexible a","PeriodicalId":80897,"journal":{"name":"Case Western Reserve law review","volume":"49 1","pages":"435"},"PeriodicalIF":0.0,"publicationDate":"1998-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67883591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Davis dilemma: how to prevent battles over frozen preembryos. 戴维斯困境:如何防止对冷冻胚胎的争夺。

Case Western Reserve law review Pub Date : 1991-01-01

A R Panitch

引用次数: 0

Rereading Warren and Brandeis: Privacy, Property, and Appropriation 重读沃伦和布兰代斯:隐私、财产和挪用

Case Western Reserve law review Pub Date : 1991-01-01 DOI: 10.4324/9781315246024-7

R. Post

引用次数: 33

Changing I.R.C. 170(e)(1)(A): For Art's Sake 修改I.R.C. 170(e)(1)(A): For Art's Sake

Case Western Reserve law review Pub Date : 1987-12-01 DOI: 10.1080/07335113.1987.10593777

D. J. Bell