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Full-Text Articles in Law
“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates
“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates
Fordham Intellectual Property, Media and Entertainment Law Journal
Part I introduces the concept of viral content farming, examines its origins, points out how it differs from aggregation, and consid-ers the purpose behind the practice. The Part looks at how compa-nies such as Google and Facebook have responded, and examines the overall impact on journalism and the Internet. Part II presents a possible ethical solution within the journalism industry and consid-ers resolutions in the law by describing the “hot news” misappro-priation doctrine and copyright law. Part III scrutinizes three pro-posals and discusses why copyright law is the most appropriate solution to the problem, then analyzes content farming within the …
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. …
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Restoring The Seven Year Rule In The Music Industry, Kathryn Rosenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
INTRODUCTION The United States boasts a bigger entertainment industry than any other country, with Los Angeles regarded as the entertainment capital of the world. Accounts differ as to the explanation for California’s rise to entertainment prominence. One version attributes the flocking to the west coast as a product of Cecil B. DeMille’s last-minute location change for The Squaw Man in 1914 to Los Angeles; but, by 1910, movies had already been filmed in the area. Another explanation focuses on Thomas Edison, who operated in New York and New Jersey, and exerted a significant amount of control over the industry in …
Copyright And Free Expression In China’S Film Industry, Eric Priest
Copyright And Free Expression In China’S Film Industry, Eric Priest
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article analyzes whether copyright, which creates private rights in original expression and is therefore a legal tool for restricting the dissemination of information, exacerbates or undercuts state censorship in China’s film industry. Recent scholarship suggests that copyright law reinforces China’s oppressive censorship regime because both copyright and state censorship erect legal barriers around expressive works. The theory that copyright enhances censorship in China, however, overlooks the immense tension between state attempts at information control and market-supported information production made possible by copyright. This Article demonstrates that the Chinese government does not wield unchecked, top-down control over China’s film industry …
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers
Doing Their Jobs: An Argument For Greater Media Access To Settlement Agreements, Suzanna M. Meyers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore
How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward
Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Food Lion And The Media’S Liability For Newsgathering Torts: A Symposium Preview , Andrew B. Sims
Food Lion And The Media’S Liability For Newsgathering Torts: A Symposium Preview , Andrew B. Sims
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Accountability Of The Media In Investigations, Gregg Jarrett, Charles E. Rose, Randall J. Turk, L. Lin Wood
Panel I: Accountability Of The Media In Investigations, Gregg Jarrett, Charles E. Rose, Randall J. Turk, L. Lin Wood
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Case Of David V. Goliath: Richard Jewell V. Nbc And The Basics Of Defamacast In Georgia, L. Lin Wood
The Case Of David V. Goliath: Richard Jewell V. Nbc And The Basics Of Defamacast In Georgia, L. Lin Wood
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright In The European Economic Community, Jean-Francois Verstrynge
Copyright In The European Economic Community, Jean-Francois Verstrynge
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury
The Status Of Certain Recent Copyright Developments In The European Community, Joachim Fleury
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz
The Database Directive And The Ec’S “Direction” On Copyright: Some Reflections, Steven J. Metalitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Impact Of The Media On Fair Trial Rights: Panel On Protection Of Reporters’ Sources, Hugh C. Hansen, Martin B. Adelman, Mark A. Conrad, George Freeman, Nicholas J. Jollymore, Arnold H. Lubasch, William A. Rome
Impact Of The Media On Fair Trial Rights: Panel On Protection Of Reporters’ Sources, Hugh C. Hansen, Martin B. Adelman, Mark A. Conrad, George Freeman, Nicholas J. Jollymore, Arnold H. Lubasch, William A. Rome
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Impact Of The Media On Fair Trial Rights: Panel On Media Access, James C. Goodale, Abraham Abramovsky, Helman R. Brook, James A. Cohen, George Freeman, David A. Schulz, Carolyn Schurr
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips
Panel On The Indecency Standard And Regulation Of And By The Media, William J. Small, Irving Gastfreund, Carlton Long, Robert W. Peters, Judith P. Phil[Ips
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.