An academic journal from Columbia University, this source is the first on the list to fully support the other side of the argument between song samplers and those being sampled. McGiverin begins the journal by arguing for the musician’s rights to be compensated for any and all portions of his work that are reproduced in another work. He then goes on to divide his work into three main portions: the first of which describes sampling and its implications in the music industry, the second applies the 1976 Copyright Act to sampling from phonorecords, and finally the third investigates state common law and rights of publicity in terms of musicians’ control over their original work.
A source of this nature is essential for any paper analyzing the issue of sampling in the music industry, seeing as it provides the exact counter-argument of a few of the sources found. McGiverin continues to refer to an artist’s sampled work as his or her “auditory identity,” giving great importance to the underlying bass lines and riffs that make up the background of a performance. In doing so, he asserts the value of these otherwise-overlooked aspects of a work. Seeing that they are often the portion involved in the sampling, they should be given greater significance and, as McGiverin believes, the original artist should be compensated for their use.
As mentioned above, this source is arguably the most important, simply because of the point of view that it represents. Although this paper has been unbiased in theory, the majority of the sources were all either neutral or in support of one side of the argument. By providing an intelligent and fresh insight into this half of the issue, this source is one of a few to complete the perspective in order to find a well-informed answer to the question concerning the limits and merits of digital sampling in the music industry.
This is the actual case in which Viacom filed an amended complaint, seeking punitive damages in addition to the statuory damages originally requested in the March 13, 2007 case.
In reference to my project, this provides an update to the ongoing case of Viacom v. Youtube. The request to amend for additional damages was denied. It was ordered that punitive damages could not be recovered in accordance with the Copyright Act.
Viacom Inernational Inc.v. YouTube, Inc. No. 95-02103. Southern District of New York District Ct. of the US. 7 March 2008.
The rights to intellectual property and the revenue thereof can make or break an entrepreneurial business. This book covers the gambit of trade secrets that tech-savvy entrepreneurs may need to protect intellectual property in the dynamic arena of copyright law, licensing, patenting, and trademark acquisition. The book makes examples of the infringement issues faced by international business icons such as Microsoft and Amazon.com.
As it pertains to my project, the book also goes over the provisions for statutory versus actual damages in the 1976 Copyright Act (115). These provisions are under review in the Viacom v. YouTube case.
Guide, Gilbert. The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing . New York: The Berkley Publishing Group, 2004
Intellectual property is taking on new forms in the digital media market. Consumers are exploring their creative license through the use of multimedia service providers in unprecidented ways. This surge of consumer digital media use is also bringing to a head new conflicts between intellectual property rights Creative Commons, and Digital Rights Management. This book explores this phenomenon and the various ways in which major digital media service providers are being effected by this rapidly changing market environment. Overviews of the business performance, legal goings on, and multimedia services of such industry icons as Google, Inc., Metro-Goldwyn-Mayer, Sony BMG, Napster and more are discussed.
In reference to my project, the book looks at precident intellectual property cases and gives insights into how the concepts within the 1976 Copyright Act are applicable to the cases. The author also notes that Google has aside $200 million in escrow to deal with inevitable litigation, lists the various number of litigations involving YouTube, and notes that these cases will set important precedents for future review of copyright law as it pertains to Internet videos (253).
Rimmer, Matthew. Digital Copyright and the Consumer Revolution: Hands Off My Ipod. Massachusetts: Edward Elgar Publishing, Inc., 2007