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2003

Entertainment, Arts, and Sports Law

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Articles 91 - 120 of 122

Full-Text Articles in Law

Fiduciary Duty: Can It Help Calm The Fears Of Underpaid Artists?, Wendy Bartholomew Jan 2003

Fiduciary Duty: Can It Help Calm The Fears Of Underpaid Artists?, Wendy Bartholomew

Vanderbilt Journal of Entertainment & Technology Law

The purpose of this note is to examine the legal causes and consequences of what many consider poor label accounting practices, and to propose a solution: imposing a duty on record labels to correctly and transparently collect and distribute artist royalties. If labels operate under a fiduciary duty to their artists when receiving and paying royalties, artists will get paid what they are due. If they are not, artists will have viable remedies available to them--remedies that create an incentive for labels to make positive changes in the way they handle royalty accounting. This will, in turn, work to repair …

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The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook Jan 2003

The Impact Of Digital Distribution On The Duration Of Recording Contracts, Revella Cook

Vanderbilt Journal of Entertainment & Technology Law

The success of digital distribution depends on various factors that shape today's music industry. Part I will examine the traditional method of releasing an album and its impact on the duration of recording agreements. This section will focus on the recent legislative debate within California and will illuminate problems regarding the duration of a standard recording contract. Part II investigates modern methods of distribution and whether digital distribution is a viable alternative for the retail of music. Part III discusses innovative marketing models that could reduce costs associated with an album's release. Part IV examines barriers that the music industry …

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The Reality Of Fantasy: Addressing The Viability Of A Substantive Due Process Attack On Florida's Purported Stance Against Participation In Fantasy Sports Leagues That Involve The Exchange Of Money, Neville F. Dastoor Jan 2003

The Reality Of Fantasy: Addressing The Viability Of A Substantive Due Process Attack On Florida's Purported Stance Against Participation In Fantasy Sports Leagues That Involve The Exchange Of Money, Neville F. Dastoor

Vanderbilt Journal of Entertainment & Technology Law

Fantasy sports leagues have swept the nation and have become a favorite pastime for millions of Americans. For a large portion of fantasy participants, the experience is shared with an intimate group and provides a means for maintaining relationships after ways have been parted. College and high school friends are able to stay connected in a fun and competitive way. For providers, fantasy sports leagues provide a profitable business opportunity in a thriving market. Florida's position of regulation, articulated by an Attorney General's advisory opinion that has never been challenged or refuted, unreasonably attacks these intimate associations. By this assumed …

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Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore Jan 2003

Justice Isn't Deaf--A Behind The Scenes Look At How Bijoux Records' Executives Discuss The Potential Liability For Violence, Renee M. Moore

Vanderbilt Journal of Entertainment & Technology Law

The music industry is an interesting phenomenon. It is a world that exists on image--and everyone has a say. For that very reason, the music industry is no stranger to critics. At its heart, they are what the industry is all about. Critics are the driving force in the business--their written and verbal exchange of ideas predicts the rise and fall of stars. Critics come in all shapes and sizes--they are the everyday consumer, the media at large, the hopeful artist, the record company executive, the legal scholar, and even our nation's government. This article will take you on a …

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An Economic Analysis Of Domain Name Policy, Karl M. Manheim, Lawrence B. Solum Jan 2003

An Economic Analysis Of Domain Name Policy, Karl M. Manheim, Lawrence B. Solum

UC Law SF Communications and Entertainment Journal

One of the most important features of the architecture of the Internet is the Domain Name System (DNS), which is administered by the Internet Corporation for Assigned Names and Numbers (ICANN). The DNS is organized into a hierarchy of domains. The physical infrastructure of the DNS consists of name servers, which provides the information that directs name queries to the appropriate server. These facilities and devices are scarce resources in the economic sense, since they have a finite capacity and expansion is costly. The name space is scarce because each address (or set of characters) can only be allocated to …

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Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez Jan 2003

Examining The Evidence: Post-Verdict Interviews And The Jury System, Nicole B. Casarez

UC Law SF Communications and Entertainment Journal

Although jury deliberations are kept secret, jurors sometimes speak out to the press after the conclusion of a trial about the rationale for their verdict, what pieces of evidence were important to their decision, and similar issues. Some argue that post-verdict juror interviews are harmful to the very foundation of the jury system, because they endanger defendants' fair trial rights, invade jurors' privacy, and distort public perception of jury verdicts. However, others, such as the author, consider these post-verdict interviews important, because they permit the public to gain a better understanding of the verdicts as well as the nature of …

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Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman Jan 2003

Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman

UC Law SF Communications and Entertainment Journal

The United States is embarking on widespread implementation of biometric technology, which uses automated methods to identify people based on their physiological and behavioral characteristics. Regardless of how much we invest in establishing standards for reliability of the technology and protections of the data, no system will be foolproof. Biometric determinations will be subject to mistakes, fraud, and abuse through human and technological error, both intentional and inadvertent. We should, therefore, take this opportunity to develop methods for individuals to review and challenge biometric determinations. In particular, this article suggests a doctrinal framework for challenging biometric determinations made by administrative …

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File-Sharing Copyright, And Privacy, Stephen Keating Jan 2003

File-Sharing Copyright, And Privacy, Stephen Keating

UC Law SF Communications and Entertainment Journal

Lawsuits brought by the recording industry against Internet users accused of illegal file sharing raise provocative questions about legal tactics, the piracy of copyrighted material, the openness of the Internet, and the future of peer-to-peer (P2P) file sharing. The history of satellite TV piracy may provide a key to understanding what comes next.

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Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham Jan 2003

Newton V. Diamond: Measuring The Legitimacy Of Unauthorized Compositional Sampling— A Clue Illuminated And Obscured, Susan J. Latham

UC Law SF Communications and Entertainment Journal

This article discusses how the district court in Newton v. Diamond could have provided the music industry with a path of reasonable determination via which the risk of infringement due to unauthorized digital sampling of a musical composition could be reasonably estimated and prudent licensing decisions made. At the very least, it illuminated a clue through its threshold determination of protectability. However, as the author explains, the court of appeals obscured that clue beneath a conundrum of de minimis use analysis, highlighting the need for courts to settle upon a clear and consistent standard for de minimis use analysis.

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Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter Jan 2003

Building Rome In A Day: What Should We Expect From The Riaa?, Valerie Alter

UC Law SF Communications and Entertainment Journal

When a new technology enters the entertainment market, incumbents may look backwards rather than forwards. Today, peer-to-peer file sharing services enable users to get the weekly chart-toppers for free by downloading desired songs, depriving the record companies of their rightful royalties. The record companies fear that this free online peer-topeer systems will mean the end of the recording industry. In response, the Recording Industry Association of America (RIAA) has begun to prosecute individual users, including a 12-year-old girl. However, this approach is problematic, and there are two other potential solutions that may be preferable. First, the recording industry could abandon …

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Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman Jan 2003

Publishing Privacy: Intellectual Property, Self-Expression, And The Victorian Novel, Jessica Bulman

UC Law SF Communications and Entertainment Journal

Though typically invoked in legal writing for their portrayals of criminal trials and judicial failings, Victorian authors also probed a more subtle aspect of the law: the interrelationship of privacy and intellectual property. In their novels, this paper argues, these authors treated literary creations as uniquely private expression and used copyright-and the formal control it furnishes over publication-as a model for understanding privacy.

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Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey Jan 2003

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

Publications

This article discusses prosecutors' discretion to press criminal charges against individuals who cause death during recreational activities. Based on newspaper sources, published opinions, and unpublished materials from cases that resulted in plea bargains, Homicide on Holiday continues the author's exploration of the relationship between the American public, criminal prosecutors, and the nature of the prosecutors' public role. It shows that, despite popular culture's glorification of risk and a nationwide trend in tort law toward sheltering sports co-participants from civil negligence liability, an exhilarating trip down a ski slope is increasingly likely to land a skier in jail if he collides …

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Major League Baseball Contraction And Antitrust Law, John T. Wolohan Jan 2003

Major League Baseball Contraction And Antitrust Law, John T. Wolohan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand Jan 2003

The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Parental Rage And Violence In Youth Sports: How Can We Prevent Soccer Moms And Hockey Dads From Interfering In Youth Sports And Causing Games To End In Fistfights Rather Than Handshakes, Dianna K. Fiore Jan 2003

Parental Rage And Violence In Youth Sports: How Can We Prevent Soccer Moms And Hockey Dads From Interfering In Youth Sports And Causing Games To End In Fistfights Rather Than Handshakes, Dianna K. Fiore

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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The Entertainment Value Of A Trial: How Media Access To The Courtroom Is Changing The American Judicial Process, Jeffrey S. Johnson Jan 2003

The Entertainment Value Of A Trial: How Media Access To The Courtroom Is Changing The American Judicial Process, Jeffrey S. Johnson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Chaset V. Fleer/Skybox International, Lp: Swapping Trading Cards For Treble Damages - Can Individuals Really Sue Trading Card Companies Under The Rico Act, Christopher D. Mudd Jan 2003

Chaset V. Fleer/Skybox International, Lp: Swapping Trading Cards For Treble Damages - Can Individuals Really Sue Trading Card Companies Under The Rico Act, Christopher D. Mudd

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger Jan 2003

Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith Jan 2003

Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Who Are The Real Victims Of Cild Pornography - After United States V. Sherman, The Answer Is Becoming Clear, Elias Manos Jan 2003

Who Are The Real Victims Of Cild Pornography - After United States V. Sherman, The Answer Is Becoming Clear, Elias Manos

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Shielding The Unmedia: Using The Process Of Journalism To Protect The Journalist's Privilege In An Infinite Universe Of Publication, Linda L. Berger Jan 2003

Shielding The Unmedia: Using The Process Of Journalism To Protect The Journalist's Privilege In An Infinite Universe Of Publication, Linda L. Berger

Scholarly Works

When a computer and a connection to the Internet allow almost anyone to claim to be a journalist, the question of who should be covered by media shield laws becomes especially difficult. Based on the premise that it is important to preserve the journalist's privilege and to accommodate the "unmedia" if that can be done without undermining journalism's values, this article suggests that the best way to limit the journalist's privilege is not to define "who is a journalist?" or "what is news?" Instead, the privilege should extend protection to anyone who is engaged in the work process of journalism. …

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Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn Jan 2003

Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn

Seattle University Law Review

Part II of this Comment explains why the DMCA was created, beginning with a brief discussion of modern copyright justifications. Part III lays out the mechanics of the notice requirement and the safe harbor protection for ISPs. Part IV focuses on inconsistencies among the courts and the enforcement dilemma posed by the DMCA. Part V proposes a different standard for the initial notice, encouraging ISPs to work cooperatively with independent copyright holders. This part includes a preview of services and software that exist and that are being developed to ease the burden of finding and managing digital content. Finally, Part …

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The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss Jan 2003

The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss

Vanderbilt Journal of Entertainment & Technology Law

This paper seeks a resolution between the need to eliminate copyright infringement and the desire to encourage new technology. This paper will suggest that the music industry would be better off directing resources toward solutions such as compulsory licensing, royalty collection, and working with hardware manufacturers to discourage copyright infringement. These solutions would allow the industry to take advantage of file sharing now rather than expending resources in court where the desired result of ending P2P programs may never come.

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Making A Mountain Out Of A Mogul: Jeremy Bloom V. Ncaa And Unjustified Denial Of Compensation Under Ncaa Amateurism Rules, Gordon G. Gouveia Jan 2003

Making A Mountain Out Of A Mogul: Jeremy Bloom V. Ncaa And Unjustified Denial Of Compensation Under Ncaa Amateurism Rules, Gordon G. Gouveia

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the NCAA's interpretation of the amateurism provisions of the NCAA Division I Manual, with respect to Jeremy Bloom, is unreasonable, particularly in light of the NCAA's treatment of other dual-sport professional athletes. Consequently, the NCAA should create an exception to its amateurism provisions allowing Bloom and similarly-situated student-athletes to earn income from sources unrelated to the amateur sport in which they compete. Furthermore, since the NCAA Bylaws constitute a contract to which student-athletes are third-party beneficiaries, courts should provide a forum to ensure the consistent and equitable application of the provisions of that contract. Part I …

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Business, The Arts & The Role Of The Copyright Act, Keith C. Hauprich Jan 2003

Business, The Arts & The Role Of The Copyright Act, Keith C. Hauprich

Vanderbilt Journal of Entertainment & Technology Law

Two recent court decisions examined, addressed, and adjudicated parallel issues potentially determining the scope of rights of legions of recording artists and freelance authors. While the core of each case centered on the fact that the agreements between each of the respective litigants did not expressly grant (or reserve) the exercise of the particular rights in dispute, the decisions of the courts have seemingly antithetical results. A review of each court's application of the governing law to the disparate facts of each case presents an interesting illustration of the relationship among business, the arts, and the role of the Copyright …

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Title Ix: Unresolved Public Policy Issues, Ted Leland, Karen Peters Jan 2003

Title Ix: Unresolved Public Policy Issues, Ted Leland, Karen Peters

Marquette Sports Law Review

No abstract provided.

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In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles Jan 2003

In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles

Marquette Sports Law Review

No abstract provided.

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Is Title Ix Really To Blame For The Decline In Intercollegiate Men's Nonrevenue Sports?, Daniel R. Marburger, Nancy Hogshead-Makar Jan 2003

Is Title Ix Really To Blame For The Decline In Intercollegiate Men's Nonrevenue Sports?, Daniel R. Marburger, Nancy Hogshead-Makar

Marquette Sports Law Review

No abstract provided.

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Coaches' Liability For Athletes' Injuries And Deaths, Thomas R. Hurst, James N. Knight Jan 2003

Coaches' Liability For Athletes' Injuries And Deaths, Thomas R. Hurst, James N. Knight

UF Law Faculty Publications

In the brutally hot summer of 2001, three prominent athletes lost their lives on playing fields across the country. Football players Korey Stringer of the Minnesota Vikings,' Rashidi Wheeler of Northwestern University, and Eraste Autin of the University Florida collapsed and died in summer practices. These practices are an annual rite that has preceded each football season since the sport was conceived approximately ninety years ago. While these deaths are tragic, they are certainly not uncommon. Since 1995, eighteen high school and collegiate football players have died while participating in practices or games. In America's litigious society, these deaths raise …

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Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd Jan 2003

Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd

UIC Law Review

No abstract provided.

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