Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Wednesday, March 1, 2017

Epstein on Social Media and "Flash Infringement"

Michael M. Epstein, Southwestern Law School, has published Social Media and 'Flash Infringement': Live Music Culture and Dying IP Protection in volume 3 of Belmont Law Review (2016). Here is the abstract.

This article interrogates issues of music intellectual property rights infringement at live performances. I am especially interested in music infringement at live concerts and DJ-driven mash-up parties, and the use of technologies to transfer protected content by smartphone — or remote storage device — at or near the performance site. The covalent forces of social media, including the use of smartphone apps such as Meerkat and Periscope, and flash mob culture have created a perhaps unstoppable threat to copyright and other intellectual property rights — a phenomenon that I define in this article as “flash infringement.” In a flash infringement setting, it may be impossible to stop the infringement among thousands of partygoers or fans and their online followers.

Download the article from SSRN at the link.

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