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2009

Entertainment, Arts, and Sports Law

UIC Review of Intellectual Property Law

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Full-Text Articles in Law

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, 9 J. Marshall Rev. Intell. Prop. L. 1 (2009), William Henslee Jan 2009

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, 9 J. Marshall Rev. Intell. Prop. L. 1 (2009), William Henslee

UIC Review of Intellectual Property Law

The Recording Industry Association of America (―RIAA) has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its ―making available‖ theory, or anyone who offers to distribute copyrighted music without the owner‘s consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is ―made available‖ or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …


Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg Jan 2009

Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg

UIC Review of Intellectual Property Law

Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.