The Center for Internet and Society presents

Judith Finell
Invasion of the Tune Snatchers - Does Copyright Law Inhibit or Enhance Musical Creativity Today?

Thursday, October 21, 2010
Room 280A, Stanford Law School
12:45pm-2:00pm
Lunch will be served.
http://cyberlaw.stanford.edu/node/6538

Music technology has radically changed the way in which music is composed, produced, performed, and obtained. Many artists openly utilize the works of others, often altering the core sonic characteristics of a sampled fragment. These developments pose new challenges to doctrines such as fair use, scenes a faire, and infringement criteria, such as access, transformative use, and prior art. Musicologist and expert witness Judith Finell will discuss these issues, and present musical examples from recent copyright cases.

Judith Finell is a musicologist who specializes in issues involving music as intellectual property. Her arena is the intersection of music, law, and technology. She formed her consulting firm Judith Finell Musicservices Inc. in New York over 20 years ago, to serve copyright and entertainment attorneys, and the music, entertainment, media, technology, and advertising industries. She has testified as an expert witness in many leading copyright cases throughout the country, and is a frequent guest speaker before attorney groups, law schools, and intellectual property organizations.

Her paper on this topic can be found at: http://www.law.stanford.edu/calendar/details/4548/CIS%20Speaker%20Series%20-%20Judith%20Finell%20/#related_media

Fair Use, Free Speech and Social Value
Anthony Falzone, Esq. - Executive Director, Fair Use Project, Lecturer in Law, Stanford Law School

Fair use has been enshrined as a First Amendment safeguard. But is it doing the job? A look back at recent fair use decisions suggests we might need to recalibrate the four-factor analysis to address more explicitly the social functions of copyright and fair use.

Boston Bar Association, CLE - Recent Trends in Copyright and Trademark Fair Use - How Fair is Fair Enough?
https://www.bostonbar.org/ebusiness/Meetings/EventDetail.aspx?ID=5014

Read the First Amendment argument advanced in Salinger case in a brief filed today by the Fair Use Project, Georgetown Law Center and the Samuelson clinic.  It urges the Second Circuit to adopt a more stringent test for issuing preliminary injunctions against books and other expressive works, and to reject the narrow interpretation of the fair use doctrine applied by the District Court. See Anthony Falzone's blog post and brief at http://cyberlaw.stanford.edu/node/6230

New perspective on the proposed Google Book Search Settlement Agreement from Mimi Calter, Stanford University Libraries at:

http://fairuse.stanford.edu/commentary_and_analysis/2009_02_calter_google_settlement.html

If you're following the Harry Potter court case filed by J. K. Rowling and Warner Brothers against an RDR Books' Harry Potter Lexicon, you may want to look at the new court filings that came in on Friday to the Stanford Copyright & Fair Use site, courtesy of Justia.com.

 

The Stanford Fair Use Project is defending RDR books.

The Fairly Useful blog has a post by Matthew Sag on Stanford Law Professor Paul Goldstein's keynote at Columbia Law School's symposium on developments in fair use, Fair Use: "Incredibly Shrinking" or Extraordinarily Expanding?