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Berklee College of Music

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Category: Music Law

Posted on08/17/201608/17/2016

YouTube’s Value Gap

In the beginning of the XXth Century music consumption did not compare with today. Music publishers, for instance, were used to generate revenue mostly through…

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Posted on04/22/201604/22/2016

Kesha’s Quagmire

The recent Kesha-Sony lawsuit has struck a nerve across the music industry by highlighting personal abuse and issues of gender inequality. It has also raised…

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Posted on04/22/201604/24/2016

DMCA’s Takedown Notices

Secondary liability for copyright infringement occurs without the defendants directly committing an act of copyright infringement themselves. There is no direct language pertaining to secondary…

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Posted on01/28/201601/31/2016

Compromising Moral Rights

Copyright law is based on property law. It evolved over time and recognized more and more economic rights, such as those of music creators to…

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Posted on01/28/201608/31/2016

The Lesson of Blurred Lines

In November, Robin Thicke and Pharrell Williams were ordered to pay $5.3 million to the Marvin Gaye estate for infringing Gaye’s Got To Give it…

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Posted on01/28/2016

The Toppling of Happy Birthday

Happy Birthday To You, referred to as Happy Birthday in the remainder of this article, is arguably the best-known song in the world. It is…

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Posted on10/25/201510/25/2015

The Fair Use Check

Unless you have been following the case of Lenz v. Universal Music Publishing Group1, you would probably never imagine using the words “dancing baby” and…

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Posted on10/25/201510/25/2015

Fair Play and American Exceptionalism

On December 24th, 1906, Reginald Fessenden, his wife, and a few helping hands began performing live music and readings of bible passages over the airwaves,…

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Posted on08/02/201508/02/2015

The Performance Right Juncture: Sound Recordings

Prior to 1972, no federal copyright protection existed for sound recordings. Congress rectified that situation by extending copyright to any recordings that were fixed on…

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Posted on04/26/201508/02/2015

The Performance Right Juncture: Compositions

Two exclusive rights of copyright are at the heart of the worldwide business of music. They involve musical compositions and sound recordings, the rights of…

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Posted on04/26/201504/26/2015

Sampling Without A License

Sampling has been controversial from the very start. Supporters of the practice argue that artists sample songs they love and build on them to create their…

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Posted on03/12/201503/14/2015

Shortchanging Covers

On February 5, 2015, the US Copyright Office released a comprehensive set of recommendations on how to revise copyright law called “Copyright and the Music…

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Posted on03/12/201503/14/2015

Post-1978 Copyright Reversions

2013 marked the first year that sound recording and musical composition copyrights could revert from labels and publishers, respectively, to artists and songwriters. The Copyright…

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Posted on03/12/201503/14/2015

Fair Use: A Manual

Fair use has always been a contentious concept. A great number of musicians, as well as artists of other varieties, include copyrighted material in their…

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Mission Statement

The Music Business Journal, published at Berklee College of Music, is a student publication that serves as a forum for intellectual discussion and research into the various aspects of the music business. The goal is to inform and educate aspiring music professionals, connect them with the industry, and raise the academic level and interest inside and outside the Berklee Community.
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