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Full-Text Articles in Law
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
All Faculty Scholarship
In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue …
American Needle: The Sherman Act, Conspiracy, And Exclusion, Herbert J. Hovenkamp
American Needle: The Sherman Act, Conspiracy, And Exclusion, Herbert J. Hovenkamp
All Faculty Scholarship
This essay, part of a colloquium in the CPI Antitrust Journal, explores the meaning and significance of the Supreme Court’s decision in American Needle v. NFL. The Supreme Court held that for purposes of the dispute at hand the NFL should be treated as a collaboration of its member teams rather than a single entity. The factors that the Supreme Court considered most important were, first, that the NFL’s member teams are individually owned profit making entities who compete with each other in at least some economic markets, such as that for the sale of apparel bearing NFL symbols. …
Sequential Musical Creation And Sample Licensing, Peter Dicola
Sequential Musical Creation And Sample Licensing, Peter Dicola
Faculty Working Papers
All musical creation builds on previous works. But using fragments of existing musical works in a new work can often constitute copyright infringement. Copyright law, in cases like Bridgeport Music v. Dimension Films (6th Cir. 2005), has recently increased its restrictions on musicians who wish to engage in sampling, defined as the practice of using other creators' sound recordings to create new music. The paper describes a model of copyright holders' and samplers' incentives to create in light of the need to negotiate licenses for sample-based works to avoid violating copyright law. Even in the absence of traditional transaction costs …