Law Commons^™

Trespassory Art, Randall Bezanson, Andrew Finkelman

University of Michigan Journal of Law Reform

The history of art is replete with examples of artists who have broken from existing conventions and genres, redefining the meaning of art and its function in society. Our interest is in emerging forms of art that trespass-occupy space, place, and time as part of their aesthetic identity. These new forms of art, which we call trespassory art, are creatures of a movement that seeks to appropriate cultural norms and cultural signals, reinterpreting them to create new meaning. Marcel DuChamp produced such a result when, in the early twentieth century, he took a urinal, signed it, titled it Fountain, and …

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter

Nevada Law Journal

No abstract provided.

The Need For A Global Amateurism Standard: International Student Issues And Controversies, Erin Abbey-Pinegar

Indiana Journal of Global Legal Studies

Due to the immense pressure to recruit highly talented prospects and an overwhelming desire to have winning college athletics programs, the recruitment of international prospective student-athletes at NCAA Division I institutions has drastically increased in recent years. NCAA rules founded on localized amateurism ideals are now being applied on a global scale, in countries where there is no similar concept of amateur athletes. This Note argues that the current NCAA amateurism rules inadequately address the potential amateur issues related to prospective student-athletes from various countries. Examples and evidence of the difficulties of apply localized amateur rules to international recruits are …

The Emergence Of Hollywood Ghosts On Korean Tvs: The Right Of Publicity From The Global Market Perspective, Hyung Doo Nam

Washington International Law Journal

The Right of Publicity is both a cultural based property and a corresponding right that protects the entertainment industry in the worldwide market. Discussion of the Right of Publicity, as a preliminary matter, must separate the policy-based approach of the United States from the doctrinal approaches. In order for this discussion to be carried out, the author considers the Right of Publicity with two new approaches. First, it is the author’s view that the Right of Publicity must be understood in the context of the entertainment market, considering the role of each player and their relationship to each other. Second, …

A Sobering Conflict: The Call For Consistency In The Message Colleges Send About Alcohol, Marc Edelman, David Rosenthal

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Music As Speech: A First Amendment Category Unto Itself, David Munkittrick

Federal Communications Law Journal

Perhaps the most ubiquitous of art forms, music accompanies daily activities from shopping to jogging. Music permeates modem society, and there is little question it constitutes an integral mode of expression. Despite recognition of music's worth, however, there is little explanation of music in First Amendment jurisprudence. A rationale for First Amendment protection begins with analysis of the particular medium of speech. Through a foray in musical aesthetics and the history of musical censorship, this Note discusses the role of music in political, societal, and individual experience. Music has had an important role in political events, from the fall of …

The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian

Federal Communications Law Journal

Academics and popular critics alike want to distill, reform, or altogether destroy U.S. copyright law as we know it. Much of this stems from animosity toward the old-guard record industry's alleged practices of overcharging consumers, underpaying royalties to artists, and suing teenagers and grandmas. But what those calling for reform all seem to neglect is a tiny but inevitable fact: for the first time in history, composers and recording artists can keep their copyrights.

Tangible media sales are being replaced by P2P file sharing, retail downloads, and streaming Webcasts. Digital technologies and wireless networks have opened prime channels for music …

Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Breaking Aro's Commandment: Recognizing That Inventions Have Heart, Bernard Chao

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Lecture: Innovation, Incentives, Competition, And Patent Law Reform: Should Congress Fix The Patent Office And Leave Litigation Management To The Courts?, Paul Michel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trips Agreement: Helping Or Hurting Least Developed Countries’ Access To Essential Pharmaceuticals?, Marla L. Mellino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Taking Away An Artist’S “Get Out Of Jail Free” Card: Making Changes And Applying Basic Contract Principles To California’S Talent Agencies Act, Gregory Albert

The University of New Hampshire Law Review

[Excerpt] “From its predecessors dating back to 1913 to the current version, the California Talent Agencies Act of 1978 (“TAA” or “the Act”) has aimed to protect artists from talent agents who would take advantage of them. The Act originally prohibited agents from “sending artists to ‘house[s] of ill fame’ or saloons, or allowing ‘persons of bad character’ to frequent their establishments.” By requiring talent agents to have a license, “the Act establishes detailed requirements for how the licensed talent agencies conduct their business, including a code of conduct, submission of contracts and fee schedules to the state, maintenance of …

Hong Kong's Discriminatory Air Time: Family Viewing Hours And The Case Of Cho Man Kit V. Broadcasting Authority, Lauren E. Sancken

Washington International Law Journal

Hong Kong’s long standing commitment to media and press freedom came under question when the Broadcasting Authority issued a ruling against a television show about same-sex couples. In deciding Cho Man Kit v. Broadcasting Authority, the Court of First Instance affirmed that sexual orientation must be afforded freedom of expression in public broadcasting. However, the Court found that the Broadcasting Authority had lawfully ruled that the show be excluded from family viewing hours. Though the opinion was in many ways a legal victory for homosexuals in Hong Kong, this Comment argues that the family viewing hours ruling undermines the …

Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trade Secrets And Other Avenues For Protection Of Advanced Technology , Hugh C. Hansen, Roger Milgrim, George Graff, Sharon K. Sandeen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Bilski’S “Machine-Or-Transformation” Test: Uncertain Prognosis For Diagnostic Methods And Personalized Medicine Patents, Brian P. Murphy, Daniel P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Friending Privacy: Toward Self- Regulation Of Second Generation Social Networks , Robert Terenzi, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Piac (Pee In A Cup) – The New Standardized Test For Student-Athletes, Sara Young

Brigham Young University Education and Law Journal

No abstract provided.