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Articles 1 - 21 of 21
Full-Text Articles in Law
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The Internet increasingly offers a preferred medium for access to video and other types of high value content that may require Internet Service Providers (“ISPs”) to use special efforts to ensure superior quality of service (“QOS”). ISPs have made substantial investments in infrastructure upgrades to satisfy growing demand for networks capable of delivering bandwidth intensive traffic at higher transmission speeds. Additionally, they work to accommodate consumer expectations of having content access anytime, anywhere, through any medium, via any device, and in any screen presentation format. Early adopters of new video delivery technologies rely on both wireline and wireless alternatives …
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. …
Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton
Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton
Fordham Intellectual Property, Media and Entertainment Law Journal
In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The United States boasts a bigger entertainment industry than any other country, with Los Angeles regarded as the entertainment capital of the world. Accounts differ as to the explanation for California’s rise to entertainment prominence. One version attributes the flocking to the west coast as a product of Cecil B. DeMille’s last-minute location change for The Squaw Man in 1914 to Los Angeles; but, by 1910, movies had already been filmed in the area. Another explanation focuses on Thomas Edison, who operated in New York and New Jersey, and exerted a significant amount of control over the industry in …
Appropriate(D) Moments, Richard Chused
Appropriate(D) Moments, Richard Chused
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION Quietly reading a book by a window in your apartment isn’t necessarily a “private” act. Many living in densely packed locations like Manhattan inevitably wonder whether eyes peering through telescopes or watching digital camera screens find them, linger for a time, capture images or generate fantasies about who and what they are. That appropriation reality popped into public view in 2013 when Martha and Matthew Foster discovered images of themselves and their children, Delaney and James, in Arne Svenson’s photography exhibition The Neighbors mounted at the Julie Saul Gallery in the Chelsea district of Manhattan. The Fosters lived in …
Neutrality 2.0: The Broadband Transition To Transparency, Justin S. Brown, Andrew W. Bagley
Neutrality 2.0: The Broadband Transition To Transparency, Justin S. Brown, Andrew W. Bagley
Fordham Intellectual Property, Media and Entertainment Law Journal
During the last decade, broadband deployment, speed and utility have increased, allowing the public to engage in new forms of social media, user-generated content, voice and video calling, citizen journalism and accessing audio and video streams supplied by edge providers like Pandora and Netflix. Concurrently, during this same period, concerns over open access and network neutrality have focused on whether broadband service providers may be regulated, ostensibly to which degree may they have control over their networks and face common carrier obligations, even if they do not fall under the classification of telecommunications services . To help clarify these issues, …
The Essential Facilities Doctrine In Information Economies: Illustrating Why The Antitrust Duty To Deal Is Still Necessary In The New Economy, Maxwell Meadows
The Essential Facilities Doctrine In Information Economies: Illustrating Why The Antitrust Duty To Deal Is Still Necessary In The New Economy, Maxwell Meadows
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Biometric Boom: How The Private Sector Commodifies Human Characteristics, Elizabeth M. Walker
Biometric Boom: How The Private Sector Commodifies Human Characteristics, Elizabeth M. Walker
Fordham Intellectual Property, Media and Entertainment Law Journal
Biometric technology has become an increasingly common part of daily life. Although biometrics have been used for decades, recent ad- vances and new uses have made the technology more prevalent, particu- larly in the private sector. This Note examines how widespread use of biometrics by the private sector is commodifying human characteristics. As the use of biometrics has become more extensive, it exacerbates and exposes individuals and industry to a number of risks and problems asso- ciated with biometrics. Despite public belief, biometric systems may be bypassed, hacked, or even fail. The more a characteristic is utilized, the less value …
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
Fordham Intellectual Property, Media and Entertainment Law Journal
Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …
“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt
“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt
Fordham Intellectual Property, Media and Entertainment Law Journal
Dr. Martin Luther King wrote and delivered his famous “I Have a Dream” speech more than fifty years ago. When he obtained copyright protection on the speech in 1963, Dr. King (and later his estate) would have expected the copyright to last a maximum of fifty-six years. That fifty-six-year copyright has become a ninety-five-year copyright, thanks to lengthy duration extensions enacted by Congress in the mid-1970s and late 1990s. As a result, the copyright on the “I Have a Dream” speech will not expire until the end of 2058. Because the Estate of Martin Luther King, Jr., Inc. and its …
Taking Back The Streets? How Street Art Ordinances Constitute Government Takings, Sheldon A. Evans
Taking Back The Streets? How Street Art Ordinances Constitute Government Takings, Sheldon A. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
As street art continues to fuel a generation of counterculture and gains popularity in pop culture, laws enacted by local governments to curb this art form raise interesting constitutional issues surrounding the Fifth Amendment’s Takings Clause. More and more cities across Amer- ica are classifying street art and graffiti as public nuisances. Such mu- nicipalities impose their agenda on private property owners with street art ordinances. These laws allow the government to come onto private property to remove the street art; some laws go even further by requiring the property owner to remove the street art at his own cost. …
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
Fordham Intellectual Property, Media and Entertainment Law Journal
In January 2009, Amphastar Pharmaceuticals filed a first of its kind qui tam suit on behalf of the federal government and several states alleging that its competitor, Aventis Pharma, violated the Federal False Claims Act (FCA) when it fraudulently acquired a patent and then overcharged the government for its patented drug. By utilizing a fraudulently acquired patent to elevate the price of Lovenox, a drug for treating deep-vein thrombosis, Amphastar alleged that Aventis had overcharged the government for every Lovenox pill purchased with government funds, including all prescriptions funded in part by Medicare or other federal insurance programs. The FCA …
Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah
Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz
Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
Fordham Intellectual Property, Media and Entertainment Law Journal
From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements. This Article posits that …
Hacking Trademark Law For Collaborative Communities, Yana Welinder, Stephen Laporte
Hacking Trademark Law For Collaborative Communities, Yana Welinder, Stephen Laporte
Fordham Intellectual Property, Media and Entertainment Law Journal
Collaborative communities create popular work with widely recognized brands, such as Wikipedia, Linux, Android, and Firefox. Trademark law can provide protections to members of these communities and the users of their products so that they can rely on the brands to identify the original projects. This Article explores the conflict between collaborative communities and trademark law. While collaborative communities thrive on openness and decentralization, trademark law requires centralized quality control and various formalities. This Article introduces a descriptive taxonomy of “hacks” that collaborative communities have used to try to mitigate the tensions between their values and trademark law. These hacks …
The Central Hudson Zombie: For Better Or Worse, Intermediate Tier Review Survives Sorrell V. Ims Health, Oleg Shik
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Framework For Patent Exhaustion From Foreign Sales, Jay A. Erstling, Frederik W. Struve
A Framework For Patent Exhaustion From Foreign Sales, Jay A. Erstling, Frederik W. Struve
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Count Your Lucky Stars: Why Consumers May Be Thankful For Monopolistic Behavior In The Rating And Review Industry, Jessica Friedrich
Count Your Lucky Stars: Why Consumers May Be Thankful For Monopolistic Behavior In The Rating And Review Industry, Jessica Friedrich
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Burdensome Secrets: A Comparative Approach To Improving China’S Trade Secret Protections, Eric D. Engelman
Burdensome Secrets: A Comparative Approach To Improving China’S Trade Secret Protections, Eric D. Engelman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright And Free Expression In China’S Film Industry, Eric Priest
Copyright And Free Expression In China’S Film Industry, Eric Priest
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article analyzes whether copyright, which creates private rights in original expression and is therefore a legal tool for restricting the dissemination of information, exacerbates or undercuts state censorship in China’s film industry. Recent scholarship suggests that copyright law reinforces China’s oppressive censorship regime because both copyright and state censorship erect legal barriers around expressive works. The theory that copyright enhances censorship in China, however, overlooks the immense tension between state attempts at information control and market-supported information production made possible by copyright. This Article demonstrates that the Chinese government does not wield unchecked, top-down control over China’s film industry …