Linking to Online Content Becomes Copyright Infringement: Lessons from Aereo     

Kimberlianne Podlas 《广播与电子媒介杂志》2019,63(1):160-176

Although many Internet users presume linking to online content is permissible, copyright owners have long complained that it constitutes copyright infringement. The Supreme Court recently resolved this issue in ABC v. Aereo, holding that pursuant to the Copyright Act’s “Transmit Clause,” an Internet transmission of a copyrighted work is a performance of it. Therefore, inasmuch as transmission occurs by inserting and clicking on a link, the link performs the copyrighted work, and may infringe. This article analyzes linking as a species of copyright infringement, and details which types of links infringe, who faces liability, and what defenses exist.  相似文献   

Off the Campaign Trail and Into the Courthouse: Does a Political Candidate's Use of a Song Infringe on the Performer's Trademark?     

Kimberlianne Podlas 《广播与电子媒介杂志》2015,59(1):41-56

As the use of popular music in political campaigns has skyrocketed, so have complaints by musical artists who do not want their songs associated with candidates they do not support. Recently, musical artists have asserted that this constitutes trademark infringement by falsely suggesting that they endorse a candidate. Relying on court decisions and statutes, this article analyzes song-based performer trademarks and whether campaign's uses of music constitute infringement. Ultimately, this article concludes that typically musical compositions and sound recordings cannot be used as performer trademarks and, in any event, political uses would not amount to infringement.  相似文献