{"pk":60204,"title":"Copyright Cartels or Legitimate Joint Ventures? What the MusicNet and Pressplay Litigation Means for the Entertainment Industry's New Distribution Models","subtitle":null,"abstract":"Starr v. Sony BMG Music Entertainment\n illustrates the inherent\n \ntension between copyright holders seeking to enforce their exclusive\n \nrights and antitrust doctrine. In Starr, competing record labels pooled\n \ntheir copyrights into digital distribution joint ventures, MusicNet and\n \nPressplay. Such collaboration toes a thin line between cartel-like\n \nconduct and joint venture legitimacy. Competitors in the entertainment\n \nindustry have often collaborated to protect their copyrights. While\n \nsome of these joint ventures have survived antitrust scrutiny, others\n \nhave not. The result is often guided by the choice of antitrust standard\n \nof review: per se or rule of reason.\n \n \nThe current MusicNet/Pressplay litigation demonstrates how the\n \nfundamental tenets of competition law become muddied when\n \nintellectual property owners attempt to use their monopolies to control\n \nnew online distribution models. After examining how the choice of\n \nantitrust standard will impact the MusicNet/Pressplay litigation, this\n \nComment considers how current digital joint ventures between content\n \nowners, Vevo, Hulu and Ultraviolet, would be analyzed under antitrust\n \ndoctrine. Despite the record labels' apparent anti-competitive conduct\n \nin MusicNet/Pressplay, the conflicting statutory policies of copyright\n \nand antitrust law, and lack ofjudicial scrutiny in this area suggests the\n \nrule of reason would be more appropriate.","language":"en","license":{"name":"","short_name":"","text":null,"url":""},"keywords":[],"section":"Comments","is_remote":true,"remote_url":"https://escholarship.org/uc/item/7z90x3xg","frozenauthors":[{"first_name":"Rachel","middle_name":"","last_name":"Landy","name_suffix":"","institution":"","department":""}],"date_submitted":"2015-04-25T09:00:26-07:00","date_accepted":"2015-04-25T09:00:26-07:00","date_published":"2011-12-31T16:00:00-08:00","render_galley":null,"galleys":[{"label":"","type":"pdf","path":"https://journalpub.escholarship.org/uclalaw_elr/article/60204/galley/46163/download/"}]}