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"Free Speech, First Amendment, And New Media For Cons And Festivals" From Pop Culture Business Handbook For Cons And Festivals, Jon Garon
Faculty Scholarship
This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Although most events are organized by private parties, the location of these events in public venues and the crowd management issues involving free speech make First Amendment and free speech issues a critical component of event management. This excerpt provides a framework for understanding the legal and security issues involving free speech at public events.
Beyond The First Amendment: Shaping The Contours Of Commercial Speech In Video Games, Virtual Worlds And Social Media, Jon M. Garon
Beyond The First Amendment: Shaping The Contours Of Commercial Speech In Video Games, Virtual Worlds And Social Media, Jon M. Garon
Faculty Scholarship
In Brown v. Entertainment Merchants Association (2011), the Supreme Court stated unequivocally that video games are entitled to the same broad First Amendment protections as those afforded to other media. But just as laws and regulations distinguish newspaper, magazine and television content from the advertising sold in those media, new policies are required to distinguish the communicative content of video games, virtual worlds and social media from the advertising and commercial purpose activity conducted in those media. Particularly in the area of publicity rights, states and courts have struggled to delineate those contours. This article outlines the emerging contours of …
Playing In The Virtual Arena: Avatars, Publicity, And Identity Reconceptualized Through Virtual Worlds And Computer Games, Jon M. Garon
Playing In The Virtual Arena: Avatars, Publicity, And Identity Reconceptualized Through Virtual Worlds And Computer Games, Jon M. Garon
Faculty Scholarship
In many respects, the commercial and social interactions within virtual worlds are essentially the same as those interactions conducted face-to-face or over less engrossing technologies, however, the immersive nature of the virtual world redefines the nature of the experience. Because virtual worlds mimic their bricks-and-mortar counterparts, they exhibit commercial attributes unlike those of plays, television shows, or motion pictures. To the extent that there is commerce conducted within the medium, the historic separation between commercial conduct and expressive speech must be reconceptualized. In the first instance, such legal line drawing will necessarily be done with crude tools, so this article …
What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon
What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon
Faculty Scholarship
Section 1201 of the 1998 Digital Millennium Copyright Act provided sweeping protection for technological measures or virtual locks on digital content to protect the entertainment industries-including music, films, games, and consumer electronics. Manufacturers use digital rights management (DRM) authorized under the law to lock down all software embedded in products, movies on DVDs, and audio files sold on iTunes and other Internet sites. DRM unfairly extends copyright and that legal protection is unnecessary to the robust development of new creative works Critics of the DMCA have charged that the law has extended well past its anti-piracy role to undermine fair …