TY  - GEN
N2  - This  Note,  in  seeking  to  justify  the  application  of  a less  onerous  standard  to  prevail  in  musical  infringement  lawsuits, will examine   the   doctrines   surrounding   liability   in   cases   of   musical infringement   and   subconscious   copying   as   well   as   the   various considerations that must be considered in a musical infringement action in Part I. While applying a higher standard to creators may seem like an outrageous proposal, Part II of this Note will seek to explore the effects that  creative  accountability  could  have  on  the  market  and  the  progress of music as a whole. Part III of this Note will offer several approaches that a court hearing a musical infringement lawsuit may adopt to create an  enhanced  doctrine  of  creative  accountability.  This  Note  argues  that requiring  a  lower  standard  to  prevail  in  such  cases  will  force  music creators  to  evaluate  their  works  in  light  of  their  influences  and  in  a manner  more  conducive  to  the  progress  of  the  art.  Finally,  Part IV explores the world of musical theater, which provides an illustration of how  proposals  analogous  to  those  presented  here  do,  in fact,  promote musical innovation and progress.
AB  - This  Note,  in  seeking  to  justify  the  application  of  a less  onerous  standard  to  prevail  in  musical  infringement  lawsuits, will examine   the   doctrines   surrounding   liability   in   cases   of   musical infringement   and   subconscious   copying   as   well   as   the   various considerations that must be considered in a musical infringement action in Part I. While applying a higher standard to creators may seem like an outrageous proposal, Part II of this Note will seek to explore the effects that  creative  accountability  could  have  on  the  market  and  the  progress of music as a whole. Part III of this Note will offer several approaches that a court hearing a musical infringement lawsuit may adopt to create an  enhanced  doctrine  of  creative  accountability.  This  Note  argues  that requiring  a  lower  standard  to  prevail  in  such  cases  will  force  music creators  to  evaluate  their  works  in  light  of  their  influences  and  in  a manner  more  conducive  to  the  progress  of  the  art.  Finally,  Part IV explores the world of musical theater, which provides an illustration of how  proposals  analogous  to  those  presented  here  do,  in fact,  promote musical innovation and progress.
T1  - Musical innovations's sworn enemy :The infringer
AU  - Anello, Stuart Lawrence
LA  - eng
ID  - 41982
KW  - Copyright Act
KW  - Copyright
KW  - Musical innovation
SN  - 0736-7694
TI  - Musical innovations's sworn enemy :The infringer
LK  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/ANELLO-NOTE.pdf
UR  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/ANELLO-NOTE.pdf
ER  -