Authors

Reid Miller

Article Title

Newton v. Diamond: When a Composer's Market Is Not the Average Joe: The Inadequacy of the Average-Audience Test

Abstract

This Note will discuss how the Ninth Circuit incorrectly adopted the average-audience test because the test has become overbroad in its application, is ill-equipped to deal with the issues of complex modern music, and has drifted from the fundamental purpose of copyright law. The Ninth Circuit should have adopted the intended- audience test, which looks to the reaction of those with the expertise required to understand the language of the work and more truly reflects the fundamental purpose of copyright law: the protection of the creator's market.

Recommended Citation

Reid Miller, Newton v. Diamond: When a Composer's Market Is Not the Average Joe: The Inadequacy of the Average-Audience Test, 36 Golden Gate U. L. Rev. (2006).
https://digitalcommons.law.ggu.edu/ggulrev/vol36/iss1/3