Copyright Law and the Music Industry

Paper Summary:

This paper examines the importance of a dual background for the paralegal wishing to enter into the music business. Through an examination of the statutes themselves, case law, and specific examples related to the music industry, the paper demonstrates that in order to succeed the paralegal must possess a strong background in the music industry, in addition to a strong legal background.

Outline:
Abstract
Introduction
Literature Review
History of the Copyright Act
Cases That Shaped Copyright Law and InterpretationUnderstanding Common Law Copyright and Statutory Copyright
The Basic Rights of Copyright Ownership
Exceptions and Special Cases
Copyright Terms of Protection
Registration Issues
Analysis of the Paralegal's Role
The Anatomy of an Infringement Case
The Digital Millennium Copyright Act of 1988
The Paralegal and Infringement
Conclusion
Bibliography

From the Paper:

"One important concept to realize regarding copyright law is that the "work" or expression of the idea can be protected, but not the idea itself . For instance, if a person develops a certain theory and writes it down in a scholarly paper, the paper itself can be protected, but anyone is allowed to use the idea being promoted. Someone else can describe the theory in his or her own words without violating copyright, as long as proper credit is provided. However, there is disagreement in the courts as to how much of the original work can be included, without violating copyright laws. It is generally agreed that there is a limit as to how much of the content must be original, but courts disagree as to where to draw the line between an original work and plagiarism ."

Sample of Sources Used:

• NG, Rachel. Music Paralegals. May/June 2005. Legal Assistant Today. 27 September 2008 http://www.legalassistanttoday.com/issue_archive/features/feature1_mj05.htm
• PatentOffice.com. Copyright Transference and duration. .2008. PatentOffice.com 29 September 2008. http://www.patentoffice.com/copyright-attorney.cfm
• Schleimer, J. and Freundlich, K. (2001). Criminal Prosecution of the On-Line "File Sharing". August 2001. Journal of Internet Law. 29 September 2008. http://www.schleimerlaw.com/criminalprosfilesharearticle.htm.
• US Copyright Office. U.S. Copyright Office Forms. 13 September 2008. U.S. Copyright Office. 29 September 2008. http://www.copyright.gov/forms/.
• US Copyright Office. United States Copyright Office: A Brief Introduction and History. 13 September 2008. U.S. Copyright Office. Circular 1a. 29 September 2008. < http://www.copyright.gov/circs/circ1a.html>

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