In my prior post, I argued that the limited nature of the sound recording copyright has had adverse effects on the scope of protection for other copyrights.1 The copyright act defines a sound recording in terms of the process of fixation, not in terms of substantive expression.2 In response, courts developed bright-line rules towards copying…
Tag: Case Law
Sound Recording Feedback: Bright-Line Rules and Blurred-Lines Jurisprudence
“[G]ood artists copy[,] great artists steal. And we have always been shameless about stealing great ideas.” – Steve Jobs1 Mimicry, homage, and blatant copying create the foundation for several artistic forms, including contrafacts and mash-ups.2 Yet, copying is merely the start of the creative process. At the heart of the arts is the copying-expression cycle:…
Spoofing: The Newest White Collar Crime
A day after Halloween, federal prosecutors spooked traders nationwide. In the first criminal prosecution of its kind, Michael Coscia was charged with spoofing.1 The indictment claims that he manipulated the futures market through two computer programs that he designed.2 Mr. Coscia is a high frequency trader, and the prosecution comes at a time when authorities…
New Chapter for Fraudulent Conveyance in LBOs?
In the wake of the 2008 financial crisis, many companies that were the targets of Leveraged Buyouts (LBOs) filed for bankruptcy.1 In an LBO, creditors secure their loans against the target company’s assets, subordinating the claims of the target’s pre-LBO creditors. Thus, should the LBO fail and the target company file for bankruptcy, its pre-LBO…
Proposed Staples-Office Depot Merger Will Depend on Relevant Product Market
In 1996, Staples proposed a merger with Office Depot to the FTC and Department of Justice.1 The FTC, however, opposed the merger on the grounds that it “would violate federal antitrust laws by substantially reducing competition in the retail sale of office supply superstores in various markets throughout the country where each firm directly competes…