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Articles 1 - 8 of 8
Full-Text Articles in Law
Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Introduction: Tiger Woods And The First Amendment, Tyler T. Ochoa
Introduction: Tiger Woods And The First Amendment, Tyler T. Ochoa
Faculty Publications
Although the right of publicity has been recognized as a distinct common-law doctrine since 1953, only in recent years have courts begun to take the First Amendment seriously as a limit on the extent to which sports figures and other celebrities can use the doctrine to control the use of their images. It is widely recognized that the government may prohibit false and misleading speech, such as an advertisement that falsely implies an endorsement of a product by an individual, without violating the First Amendment. Similarly, it is generally acknowledged that the First Amendment protects the depiction of celebrities in …
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Complexity And Copyright In Contradiction, Michael J. Madison
Complexity And Copyright In Contradiction, Michael J. Madison
Articles
The title of the article is a deliberate play on architect Robert Venturi's classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical 'architectures' of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the 'simplicity' of digital engineering is undermining desirable 'complexity' in legal and physical structures that regulate expressive works.
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Cleveland State Law Review
The Federal Trademark Dilution Act poses a serious threat for filmmakers, much more so than found under the original Lanham Act. A filmmaker can be found guilt of dilution without a finding that consumers would likely be confused by the allegedly diluting use. The mere appearance of a mark in a film would not likely violate a trademark holders rights. According dilution's much less stringent standard, non-competing uses of a mark which would "blur" its strength would violate a holder's rights. Courts have used the FTDA in ways as broad as its language allows, and it poses a very serious …
The Constitutionality Of Copyright Term Extension: How Long Is Too Long, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry
The Constitutionality Of Copyright Term Extension: How Long Is Too Long, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry
Faculty Scholarship
I am Professor William Patry of the Benjamin N. Cardozo School of Law. I will be the moderator of this star-studded debate on the Sonny Bono Copyright Term Extension Act.
This panel will try to determine, on the great continuum of limited times that the Constitution prescribes for copyright in Article I, Section 8, Clause 8, the term of protection that Congress has actually fixed. In other words: How long is too long? Sonny's bill establishes a term of protection of life plus seventy years for individual authors for works created on or after January 1, 1978. The bill retroactively …
Classroom Lecture For Copyright Law, Wendy J. Gordon
Classroom Lecture For Copyright Law, Wendy J. Gordon
Scholarship Chronologically
The differences between direct, vicarious and contributory liability, Section 512 in related matters. Alright, now let's move on to the next question, which is criminal liability. You read some material on that. And the basic lessons that I want you to take from the material are the following. First, notice that federal copyright law does not impose criminal liability easily as ordinary laws of tangible property do. And I think that that's a good thing. Remember that guy in Les Miserables who's pursued for stealing a loaf of bread. Stealing in the sense of copying one song would not make …