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8 Chi.-Kent J. Intell. Prop. 1 (2008-2009)

handle is hein.journals/jointpro8 and id is 1 raw text is: Copyright © 2008, Chicago-Kent Journal of Intellectual Property A MIXTAPE DJ'S DRAMA AN ARGUMENT FOR COPYRIGHT PREEMPTION OF GEORGIA'S UNAUTHORIZED REPRODUCTION LAW Jennifer Geller* Abstract The mixtape, a result of selecting and combining copyrighted sound recordings and musical compositions, has become vital to the hip-hop world. In January 2007, the Recording Industry Association of America in conjunction with Georgia police arrested mixtape artist DJ Drama. After confiscating thousands of CDs, numerous vehicles, and various assets, the RIAA pursued a state law action under the Georgia racketing statute based upon a violation of Georgia's unauthorized reproduction law. In order to demonstrate that the state law claims brought against DJ Drama are preempted by federal copyright law, I will offer a background on the mixtape genre and the important role mixtapes play in rap and hip-hop music. After setting up the basic requirements for preemption under Section 301 of the Copyright Act, I will explain how mixtapes fall within the subject matter of copyright and describe how, given the results in recent cases involving sampling, mixtape artists are infringing the copyrights of both musical compositions and sound recordings when they create their works without permission of those copyright owners. I will also compare the state law claims against DJ Drama under Georgia law to recent California, Illinois, New York, and Washington decisions and statutes on the issue of preemption. Finally, utilizing this J.D. Candidate i\lay 2009), University of Georgia School of Law; B.B.A. (Risk Management & Insurance), University of Georgia (Nlay 2006) summa cur /aude with honors. I would like to extend a thank you to my mentor and an intellectual property scholar, Professor David Shipley, for his devotion to my success. A special heartfelt thanks to another mentor and friend, Ms. Lisa Moore for providing constant wisdom. To my parents, words cannot explain how grateful I am for your support. 8 Chi.-Kent J. Intell. Prop. 1

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