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Nadiia Loizides, senior attorney in the firm's litigation section, authored "The RESPECT Act & Co.: Showing Some, but not Enough, Respect to American Heritage Artists," published in the Tulane Journal of Technology and Intellectual Property in 2016.

The article covers:

BACKGROUND

  • Sound Recording, a Step-Child of Federal Copyright
  • Dual Protection Regime: Gives in an Inch, Takes Away a Yard
  • Digital Performance Right Under Section 106(6)

SECURING DIGITAL PERFORMANCE ROYALTIES IN PRE-1972 WORKS

  • State Law: Not “So Happy Together”  
    • Flo & Eddie in California
    • Flo & Eddie Take on New York
    • Flo & Eddie in Florida
  • The RESPECT Act: “And all I’m askin’ in return, honey / Is to give me my profits . . . .”
  • The FPFP Act: “But much to my surprise / When I opened my eyes . . . / I was a victim of the great compromise"
  • Full Federalization: “United We Stand, Divided We Fall”
  • “Private” Public Performance Right: AM/FM Deals

EVALUATION OF THE ALTERNATIVE METHODS TO SECURE

PUBLIC PERFORMANCE ROYALTIES

  • The Effectiveness in Securing Digital Performance Royalties
  • Availability
  • Preservation of Current Property and Contractual Rights
  • Adaptability
  • Compatibility with Federal Public Policy
    1. The United States’ Interest in Clarity and Consistency of Its Copyright Laws
    2. Interests of Copyright Holders in Pre-1972 Sound Recordings
    3. Broadcasters’ Interests
    4. Copyright Holders of Musical Works and Post-1972 Sound Recordings
    5. The Interest of the Public and the United States in Access and Preservation