Law Commons^™

Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

School Of Law Grad Walk & Virtual Ceremony 05/21/2021, Roger Williams University School Of Law, Michael M. Bowden, Jill Rodrigues

School of Law Commencement (1996- )

No abstract provided.

The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza

Seattle University Law Review

Copyright law, specifically music licensing, has long been outdated due to changes in the way people listen to music. With the proliferation of technology, listeners can now enjoy music via channels that did not exist just a few decades ago. As a consequence, music creators have faced years of economic inequality. Songwriters, artists, and musicians have fought a long, and often fruitless, battle for justice—legislation that would change music law for the better has continuously been struck down. However, in 2018, the Music Modernization Act (MMA) was signed into law, representing a battle won for music creators. This Comment will …

Defining Unreasonable Radius Clauses For American Music Festivals, Trevor Lane

Seattle University Law Review

Since 1969, the music festival remains a staple of American musical culture, and in order to meet consumer demands, today’s music festival promoters rely on radius clauses ancillary to the performance agreements that they use with artists. These radius clauses limit artists’ ability to perform at other music festivals and concerts within a specified temporal and geographic radius of the contracted music festival. Beginning in 2010, legal challenges have alleged that broadly defined radius clauses used by music festival promoters violate Section 1 of the Sherman Antitrust Act. This Note contends that radius clauses which limit artists from performing beyond …

Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith

Patty Gerstenblith

No abstract provided.

H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused

Other Publications

No abstract provided.

Equitable Resale Royalties, Brian L. Frye

Law Faculty Scholarly Articles

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held …

"Free Speech, First Amendment, And New Media For Cons And Festivals" From Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Although most events are organized by private parties, the location of these events in public venues and the crowd management issues involving free speech make First Amendment and free speech issues a critical component of event management. This excerpt provides a framework for understanding the legal and security issues involving free speech at public events.

The Player, The Video Game, And The Tattoo Artist: Who Has The Most Skin In The Game?, Jennifer L. Commander

Washington and Lee Law Review

No abstract provided.

Kamil Kubik: The Artist And Copyright Observed, Elizabeth Townsend Gard, Yvette Joy Liebesman

All Faculty Scholarship

For over 60 years — from the time he fled his native Czechoslovakia in 1948 until his death in August 2011 — Kamil Kubik created amazing oil paintings and pastels. Many of his works were also printed as lithographs and serigraphs, for sale at more affordable prices than the four-to-five figures that he received for the originals. He was not dependent on the sale of these prints, which was a good thing — most of the original works were unprotected by copyright, and many of the prints were unauthorized reproductions.

Copyright law is the key law that protects the artistic …

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.

Walking And Mapping: Artists As Cartographers By Karen O'Rourke (Review), Michael Leggett

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Walking and Mapping, both senses of the term "mapping" are caught up in a detailed hagiography of artists who, in one way or another, engage with movement through space, mainly as walkers. Records of the experience, by both the participants and the creators of the artworks, are mapped across both contemporary and historical time spectrums.

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Michigan Law Review

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …

Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow

Michigan Telecommunications & Technology Law Review

What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …

Droit De Suite: Only Congress Can Grant Royalty Protection For Artists, Lynn K. Warren

Pepperdine Law Review

Congress has enacted the 1976 Copyright Act which does not grant resale royalties to fine artists. It does, however, add a strong preemption provision that was not a part of the 1909 Act. This provision emphatically preempts any state law granting a right equivalent to a right granted by the federal statute to any work which is the subject matter of copyright. In its desire to increase protection for fine artists, the State of California has enacted the first droit de suite legislation in the United States, patterned after European copyright law, which extends resale royalties to fine artists. This …

The Boundary Riders: Artists In Academia / Artists And Academia, Sarah B. Miller, Brogan S. Bunt

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper seeks to explore the challenges and the rewards of supervision from two perspectives: artists who are employed as lecturers within the academy and mature artists returning to the academy to undertake a higher degree by research.

The University of Wollongong introduced its Doctorate of Creative Arts (DCA) program in 1986. As one of the earliest doctoral programs in the country, this apparent perspicacity was arguably more to do with Creative Arts as a resident faculty within the University, and the need to work within a university framework. This is in contradistinction to the forced marriages undertaken between many …

The Churchie Art Award For Emerging Artists, Teo Treloar

Faculty of Law, Humanities and the Arts - Papers (Archive)

In contemporary art and culture, we are living within a constant flood of images, diluting our attention spans. Wollongong-based artist Teo Treloar would like to challenge our state, and to bring us back to central focus. He practices in painting and drawing, usually within an intimate scale, and uses a muted colour palette and minimal, relaxed tones.

Imag(In)Ing The Pacific: Modernist Women Artists, Anne A. Collett

Faculty of Law, Humanities and the Arts - Papers (Archive)

It was all very risque and, indeed quite shocking. Vanessa Stephen would marry Clive Bell, and make her name as an English modernist painter and designer; Virginia, would marry Leonard Woolf, and make her name at the vanguard of experimental English modernist literature. Virginia would be the more famous, or possibly, infamous, of the sisters, being the mover and shaker of the Bloomsbury Group - a nucleus of primarily male, primarily Oxbridge-educated intellectuals who began meeting regularly at the house of the sisters in Gordon Square, Bloomsbury, London, in the first decade of the 20th century. Here they discussed all …

Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler

Michigan Law Review

Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.

Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley

Faculty Publications

This article explores multiple ways in which lawyers and the legal community can connect with arts-oriented and other creative businesses to both invigorate the experience of the lawyers offering assistance and highlight ways for the legal community to position itself as relevant and helpful in the new creative economy.

This article's discussion is directed to lawyers who wish to know more about the creative economy and their position within it, but may also be informative to artists and professionals in creative enterprises by highlighting some of the legal considerations that may affect them and examining ways that seeking legal assistance …

Using Public Disclosure As The Vesting Point For Moral Rights Under The Visual Artists Rights Act, Elizabeth M. Bock

Michigan Law Review

In 2010, the Court of Appeals for the First Circuit confronted the novel question of when moral rights protections vest under the Visual Artists Rights Act. In Massachusetts Museum of Contemporary Art Foundation, Inc. v. Bichel, the First Circuit determined that the protections of the Visual Artists Rights Act begin when a work is "created" under the Copyright Act. This Note argues that this decision harms moral rights conceptually and is likely to result in unpredictable and inconsistent decisions. This Note proposes instead that these statutory protections should vest when an artist determines that his work is complete and presents …

Law, Art, And The Killing Jar, Louise Harmon

Louise Harmon

No abstract provided.

The Rise Of 360 Deals In The Music Industry, Daniel J. Gervais

Daniel J Gervais

360 deals can give record companies access to revenue from movie contracts, merchandise sales, and other sources “all around” the artist. They reflect a transition from an industry model focused on delivery of goods (compact discs or even iTunes tracks) to one in which music is increasingly a service generating revenues from multiple activities bundled with phone, Internet, or cable access. The authors explore the history, contents, benefits, and future of 360 deals.

Trespassory Art, Randall Bezanson, Andrew Finkelman

University of Michigan Journal of Law Reform

The history of art is replete with examples of artists who have broken from existing conventions and genres, redefining the meaning of art and its function in society. Our interest is in emerging forms of art that trespass-occupy space, place, and time as part of their aesthetic identity. These new forms of art, which we call trespassory art, are creatures of a movement that seeks to appropriate cultural norms and cultural signals, reinterpreting them to create new meaning. Marcel DuChamp produced such a result when, in the early twentieth century, he took a urinal, signed it, titled it Fountain, and …

Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler

Michigan Telecommunications & Technology Law Review

The music industry's crisis response to the Internet has been the primary driver of U.S. copyright policy for over a decade. The core institutional response has been to increase the scope of copyright and the use of litigation, prosecution, and technical control mechanisms for its enforcement. The assumption driving these efforts has been that without heavily-enforced copyright, artists will not be able to make a living from their art. Throughout this period artists have been experimenting with approaches that do not rely on technological or legal enforcement, but on constructing web-based business models that engage fans and rely on voluntary …

Fairy Knoll; Johais Hancock And An Apparition In The Sky; Light Well Conduit - Works Of Art Exhibited In The Exhibition The Ipswich House: Heritage House Portraits By Contemporary Queensland Artists, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

On its completion in 1901, Thoman Hancock Junior's grand residence, Fairy Knoll, afforded an enviable view of Ipswich and its surrounds. Its prestigious hill top site overlooking Limestone Park amply reflected the position occupied by the Hancock family in Ispwich society and the material culmination of Hancock's successful business career as a timber merchant.

Artistic Expression Today: Can Artists Use The Language Of Our Culture?, Mark Sableman

Saint Louis University Law Journal

No abstract provided.

Artists Talk: Listen To The Imagination, Francesca T. Rendle-Short

Faculty of Law, Humanities and the Arts - Papers (Archive)

How does the imagination work? How do artists working in different forms move from the very beginning of an idea to something they are ready to share with the world? How do artists - even the most experienced - contend with the possibility of failure? And, how do we develop a robust reflective and creative practice in our creative writing programs? This article doesn't pretend to answer these questions explicitly, rather, in its own elliptical style, it explores the possibilities of creation, how to express the inexpressible, how to share the most nascent of ideas. It introduces the reader to …

File Sharing, Copyright, And The Optimal Production Of Music, Gerald R. Faulhaber

Michigan Telecommunications & Technology Law Review

Much economic, political, judicial and legal attention has been showered on the significant changes currently taking place within the music production and distribution business forced by the use of the Internet for both file sharing (of unauthorized copyrighted material) and more recent online (legal) music distribution. The strong demand for music, coupled with the low cost of distributing illegal copies via peer-to-peer (P2P) systems, is unraveling the business model by which music has traditionally been created, developed, and distributed. Application of traditional copyright law has been ineffective in stopping the loss of business in the traditional channels. Producers have implemented …