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When is a performance not a performance (but a copyright work)? Garcia v Google, 743 F 3d 1258 (9th Cir 2014)

Johnson, Phillip and Halpern, Sheldon 2014. When is a performance not a performance (but a copyright work)? Garcia v Google, 743 F 3d 1258 (9th Cir 2014). Queen Mary Journal of Intellectual Property 4 , pp. 236-243. 10.4337/qmjip.2014.03.05

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Abstract

The law changes, regularly, but usually incrementally. Occasionally, however, it appears to undergo a seismic shift. In Garcia v Google, a recent split decision of the US Ninth Circuit Court of Appeals, the majority proposes, probably wrongly, such a shift in US Copyright Law – by making an actor's performance a copyright work independent of the material being performed. In so doing, the court now requires us to give serious consideration to matters of international copyright harmonization quite apart from the rather bizarre circumstances of that case.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KF United States Federal Law
Publisher: Edward Elgar
ISSN: 2045-9807
Last Modified: 25 Feb 2019 14:34
URI: http://orca.cf.ac.uk/id/eprint/64425

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