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Full-Text Articles in Law
Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey
Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey
Michigan Journal of Race and Law
This Article focuses on the oft-neglected intersection of racially skewed outcomes and anti-competitive markets. Through historical, contextual, and empirical analysis, the Article describes the state of Hollywood motion-picture distribution from its anticompetitive beginnings through the industry's role in creating an anti-competitive, racially divided market at the end of the last century. The Article's evidence suggests that race-based inefficiencies have plagued the film distribution process and such inefficiencies might likely be caused by the anti-competitive structure of the market itself, and not merely by overt or intentional racial-discrimination. After explaining why traditional anti-discrimination laws are ineffective remedies for such inefficiencies, the …
Fighting The First Sale Doctrine: Strategies For A Struggling Film Industry, Sage Vanden Heuvel
Fighting The First Sale Doctrine: Strategies For A Struggling Film Industry, Sage Vanden Heuvel
Michigan Telecommunications & Technology Law Review
The first sale doctrine, codified at 17 U.S.C. § 109, grants the owners of a copy of a copyrighted work the right to sell, rent, or lease that copy without permission from the copyright owner. This doctrine, first endorsed by the Supreme Court in Bobbs-Merrill Co. v. Straus, was established at a time when the owner of a good necessarily had to forego possession in order to sell or lease the item to another.[...] The changes in technology and industry over the past two decades threaten to upend this balance. In today's digital world, an owner of a copy of …