•  
  •  
 

Cardozo Arts & Entertainment Law Journal

Abstract

This Note explores how the Arnstein and Krofft tests negatively impact pop music in an age where pop music is constantly evolving. It discusses the specific ways in which the tests can discourage creativity, innovation, and fair competition in the pop music industry. It also argues for reform of copyright law to address the shortcomings of the Arnstein and Krofft tests. Part I defines and provides a brief overview of the history of pop music and copyright infringement, while also discussing the importance and economic value of pop music in society. This Part also explains the gravity behind these claims, and why they are a serious problem for the music industry. Part II discusses the basics of copyright law, including the exclusive rights of copyright holders, as well as the fair use doctrine. This Part also provides an in-depth analysis of key case law relating to copyright infringement and the importance of these precedents going forward.

Part III begins by analyzing this case law, highlighting the main deficiencies of the Arnstein and Krofft assessments. Part III then concludes by stressing the need for a new system, one that puts an emphasis on objectivity, fairness, and the defendant's intent rather than just the similarity behind the two pieces of work.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law

Download

Share

COinS