Bridgeport Music, Inc. v. Dimension Films (USA), Metall auf Metall (Germany) and Digital Sound Sampling – “Bright Line Rules”?
Abstract:There has been a controversy for several years whether digital sound sampling even of small bits of sound infringes an intellectual property right in the record from which it has been taken. In the USA as well as in Germany, superior federal courts reached seemingly similar verdicts in two similar cases. This article discusses the legal situation in both jurisdictions following these decisions. It will be demonstrated that both courts failed to solve the question in their respective legal system convincingly.
Document Type: Research Article
Publication date: November 1, 2010
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- The Intellectual Property Journal (IPJ) is a research-oriented journal dedicated to patents, copyright, trade marks and related areas of law. It provides a forum for articles which analyze fundamental issues of intellectual property law, including its historical, philosophical, methodological and – in particular – economic foundations. Since intellectual property law has been influenced by European Community law to a greater extent than other areas of private law, the journal will also aim at contributing to the development of a genuinely European doctrine.
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