The RESPECT Act & Co.: Showing Some, but not Enough, Respect to American Heritage Artists - Tulane Journal of Technology and Intellectual Property

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