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Full-Text Articles in Law
Protections For Virtual Property: A Modern Restitutionary Approach, Jordan L. Ludwig
Protections For Virtual Property: A Modern Restitutionary Approach, Jordan L. Ludwig
Loyola of Los Angeles Entertainment Law Review
Virtual online worlds have become a staple of modern society. Through an avatar, individuals may enter into virtual worlds, where they can do anything from completing epic quests to speculating on virtual “real estate.” Many virtual worlds have unique currencies, which have real-world value because of the high demand for in-game property. Disputes over virtual property, however, remain mostly, if not entirely, ungoverned by any body of law. This Comment seeks to address how to handle conflicts that arise over virtual world property. It concludes that the reemerging law of restitution, as promulgated in the Restatement (Third) of Restitution and …
The Robot’S Record: Protecting The Value Of Intellectual Property In Music When Automation Drives The Marginal Cost Of Music Production To Zero, William P. Jacobson
The Robot’S Record: Protecting The Value Of Intellectual Property In Music When Automation Drives The Marginal Cost Of Music Production To Zero, William P. Jacobson
Loyola of Los Angeles Entertainment Law Review
Technologies such as the Internet and MP3 file format have taken their toll on the traditional business models used by entities like record labels and music retailers. Now, technological innovations such as open-sourcing, crowdsourcing, and compu-sourcing are resulting in a democratization of music production that threatens to end the monopoly skilled musicians enjoy in the music-creation marketplace. These innovations are also driving the generation of an increasing supply of music with few or no reserved copyrights and a potential decline in the average value of intellectual property in music. This Comment explores the threat computer-generated music poses to the music …
Viral Videos: Medicine For Record Labels In The Fight Against Copyright Termination?, Jay Patel
Viral Videos: Medicine For Record Labels In The Fight Against Copyright Termination?, Jay Patel
Loyola of Los Angeles Entertainment Law Review
As major American record labels continue to tackle online piracy and declining reve-nues, another potentially devastating battle over some of their most valuable assets is lurking in the very near future. The Copyright Act provides artists with the right to terminate any transfers of copyrights to their works. In order to protect themselves from termination notices in the future, record labels should revamp their business model and commission sound recordings for music videos rather than albums. Doing so is important given current realities in the music industry, and it will allow labels to take advantage of the work-for-hire exception to …
Record Labels, Federal Courts, And The Fcc: Using Uncertainty In Communications Law To Fight Online Copyright Infringement, Brian Pearl
Loyola of Los Angeles Entertainment Law Review
Illegal downloading continues to plague the music industry. Furthermore, the music industry has little to show for its significant investment in costly, labor-intensive copy-right litigation. Federal courts have been increasingly unsympathetic to copyright holders, refusing to let substantial damages awards in several high-profile cases stand. In addition, the Southern District of New York recently ruled that YouTube should not be held liable for widespread copyright infringement on its site in spite of substantial evidence that YouTube had actual knowledge of the infringement. Meanwhile there is great uncertainty in the world of communications law. After the D.C. Circuit thwarted the Federal …
Running On Empty: The Problem With Politicians And Stealing (Music), Maral Vahdani
Running On Empty: The Problem With Politicians And Stealing (Music), Maral Vahdani
Loyola of Los Angeles Entertainment Law Review
This Comment explores the legal issues arising from unauthorized use of musical compositions during political campaigns and rallies. Focusing on John McCain’s use of Jackson Brown’s song “Running on Empty” during his political campaign, the article examines why such uses are problematic and proposes remedies for preventing future unauthorized use.
Blood, Brains, And Bludgeoning, But Not Breasts: An Analysis And Critique Of Brown V. Entertainment Merchants Association, Margaret E. Jennings
Blood, Brains, And Bludgeoning, But Not Breasts: An Analysis And Critique Of Brown V. Entertainment Merchants Association, Margaret E. Jennings
Loyola of Los Angeles Entertainment Law Review
In Brown v. Entertainment Merchants Ass’n, the Supreme Court held that a California statute banning the sale of extremely violent video games to minors was uncon-stitutional because it violated minors’ First Amendment rights. This decision high-lights the Court’s inconsistent application of evidentiary standards required for States to regulate the sale of erotic (not obscene) content and the sale of violent content to children.
Wikileaks: Balancing First Amendment Rights With National Security, Melissa Hannah Opper
Wikileaks: Balancing First Amendment Rights With National Security, Melissa Hannah Opper
Loyola of Los Angeles Entertainment Law Review
In July 2010, Private First Class Bradley Manning released thou-sands of classified documents with the help of WikiLeaks, a private web-site created to expose government and corporate corruption. During the months that followed, WikiLeaks disseminated several thousand addi-tional classified documents, including the whereabouts of U.S. troops and diplomatic cables. Public concern grew over the rapid release of the documents into Internet space. Lawmakers and government officials questioned whether the release of such information would compromise national security and foreign relations and violate the Espionage Act of 1917. While not all of the information distributed by WikiLeaks violated the law, the …
Life, Liberty, And The Pursuit Of Entertainment?, Erica N. Lucero
Life, Liberty, And The Pursuit Of Entertainment?, Erica N. Lucero
Loyola of Los Angeles Entertainment Law Review
This comment focuses on the case Arizona ex rel Goddard v. Harkins Amusement Enterprises and uses it to explore whether the Americans with Disabilities Act (“ADA”) is being distorted and misused if theater owners are required to install and provide equipment so as to fully accommodate hearing- and vision impaired customers. The comment begins by outlining the ADA using case examples and detailing the analytical framework courts use to evaluate claims asserted under the Act. It then discusses the accommodations the motion picture industry currently provides disabled patrons, and, after evaluating these existing accommodations, outlines the financial and technical effect …
Viacom V. Youtube: An Erroneous Ruling Based On The Outmoded Dmca, Lior Katz
Viacom V. Youtube: An Erroneous Ruling Based On The Outmoded Dmca, Lior Katz
Loyola of Los Angeles Entertainment Law Review
YouTube is currently the largest video website on the Internet. Although YouTube is often aware of the existence of infringing videos on its website, it only takes down such videos when copyright owners notify YouTube that a specific video is unauthorized. This policy prompted Viacom International to file a one billion dollar copyright infringement lawsuit against YouTube in the United States District Court for the Southern District of New York. On June 23, 2007, the court dismissed all charges against YouTube, holding that the Digital Millennium Copyright Act (DMCA) shielded the company from liability. This article argues that the court’s …
Scheduled Skyping With Mom Or Dad: Communicative Technology’S Impact On California Family Law, Jenna Charlotte Spatz
Scheduled Skyping With Mom Or Dad: Communicative Technology’S Impact On California Family Law, Jenna Charlotte Spatz
Loyola of Los Angeles Entertainment Law Review
The prominence of real-time, interactive video technology provides individuals the opportunity to communicate in the face of physical separation. The iPhone 4’s FaceTime application, Gmail’s g-chat phone and video application, and Skype software exemplify the realm of tools that facilitate people’s ability to maintain relationships despite the geographical distance between them. Accordingly, family law has adapted to apply such technology when rendering child custody decisions. More specifically, family law courts throughout the country have issued orders requiring “virtual visitation,” which utilizes technology such as web cameras and other Internet tools to provide regular and visual contact between a noncustodial parent …
Is Driving With The Intent To Gather News A Crime? The Chilling Effects Of California’S Anti-Paparazzi Legislation, Christina M. Locke, Kara Carnley Murrhee
Is Driving With The Intent To Gather News A Crime? The Chilling Effects Of California’S Anti-Paparazzi Legislation, Christina M. Locke, Kara Carnley Murrhee
Loyola of Los Angeles Entertainment Law Review
While celebrities may have a love-hate relationship with the photographers who give them red carpet publicity but also pursue shots of their most intimate moments, the California Legislature has little use for the paparazzi. The 2010 anti-paparazzi bill is the most recent in a string of legislative attempts to curb aggressive paparazzi. Assembly Bill 2479 makes two major changes. The first change penalizes those who capture images or audio recordings by false imprisonment, targeting paparazzi who swarm celebrities and prevent them from moving or driving freely. The second change enhances penalties for reckless driving if one has an intent to …
These Tats Are Made For Talking: Why Tattoos And Tattooing Are Protected Speech Under The First Amendment, Carly Strocker
These Tats Are Made For Talking: Why Tattoos And Tattooing Are Protected Speech Under The First Amendment, Carly Strocker
Loyola of Los Angeles Entertainment Law Review
This Comment examines the current split among the federal circuit courts of appeal on the issue of First Amendment protection of tattoos and argues for the United States Supreme Court to grant certiorari to Anderson v. City of Hermosa Beach and adopt the approach taken by the Ninth Circuit Court. Traditionally, courts have viewed a restriction on the process of creating pure speech as a restriction on the speech itself. As a result, the courts vigorously protect the process of creating the speech. Tattooing, a process inexplicably linked to the creation of tattoos, must be protected with the same fervor …