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Metro-Goldwyn Pictures Corporation: A Case Study C. Profits and Generally Accepted Accounting Principles 2.
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Value of Use of the Copyrighted Work (The Imputed License Fee) The Deltak/Business Trends/Davis Trilogy B. Conclusion: The Lawyer’s Mission ReduxĬHAPTER 2 Remedies I. Lack of Jurisdiction: Extraterritorial Acts VIII. Unclean Hands and Misuse of Copyright VII. Music’s Need for a Translator and Educator: Two Scenarios 1.
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The Copyright Registration Certificate and the Rebuttable Presumption D. Burden of Proof: Components and Responsibilities 2. The Necessity for Musicology Experts: Recognition of the Complexity of Musical Language and the Public’s Unfamiliarity with That Languageĩ 11 12 14 15 17 17 19 21 23 23 24 24 25 27 27 27Ĭontents B. To Eliminate the Inherent Confusion Regarding Use of Expert Testimony 2. Expert Testimony under the Two-Prong Test: Suggested Alternatives A. The Use of Filtration to Separate Unprotectable Elements from Protected Expression: Two Early Formulations B. Expert Testimony and the Future of the Two-Prong Test IV.
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An Interim Stopgap: Latman’s Probative Similarity 5. Fine Tuning Krofft: Litchfield, Berkic, Aliotti and Olson 3. Sid & Marty Krofft Television Productions Inc. The Rise of Copyright: A Brief ReviewĬHAPTER 1 The Copyright Law: An Overview I. Music and Copyright: The Search to Separate Idea from Expression A. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at To My Family Florence and Daniel Rosen Who Started All This Judith Spouse, Partner, and In-House Editor Matthew, Philip, and Galit The Generation in Whom We Take Great Pride and Chloe, Gilad, and Eitan The Generation in Whom We Place Our Faith and Hope for a Better World Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate.
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If legal advice or other expert assistance is required, the services of a competent professional person should be sought. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. KF3035.R67 2008 346.7304’82-dc22 2008013929 _ 1 2 3 4 5 6 7 8 9 Printed in the United States of America on acid-free paper Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. Includes bibliographical references and index. _ Library of Congress Cataloging-in-Publication Data Rosen, Ronald S. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Ronald S. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press Oxford University Press is a registered trademark of Oxford University Press, Inc. Rosen Published by Oxford University Press, Inc. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2008 by Ronald S. 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education.