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Articles 1 - 30 of 4648

Full-Text Articles in Entertainment, Arts, and Sports Law

Indigenous Appropriation And Protections Provided By Intellectual Property Law, Kadeidra Baker Aug 2018

Indigenous Appropriation And Protections Provided By Intellectual Property Law, Kadeidra Baker

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez Aug 2018

Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


How Dangerous Are Youth Sports For The Brain? A Review Of The Evidence, Carly Rasmussen, Sydney Diekmann, Christine Egan, Tyler Johnson, Francis X. Shen Aug 2018

How Dangerous Are Youth Sports For The Brain? A Review Of The Evidence, Carly Rasmussen, Sydney Diekmann, Christine Egan, Tyler Johnson, Francis X. Shen

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Fair Use Avoidance In Music Cases, Edward Lee Jul 2018

Fair Use Avoidance In Music Cases, Edward Lee

Boston College Law Review

This Article provides the first empirical study of fair use in cases involving musical works. The major finding of the study is surprising: despite the relatively high number of music cases decided under the 1976 Copyright Act, no decisions have recognized non-parody fair use of a musical work to create another musical work, except for a 2017 decision involving the copying of a narration that itself contained no music (and therefore might not even constitute a musical work). Thus far, no decision has held that copying musical notes or elements is fair use. Moreover, very few music cases have even ...


2018 Masthead Jul 2018

2018 Masthead

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Lessons From Hollywood Cybercrimes: Combating Online Predators, Robert Kang Jul 2018

Lessons From Hollywood Cybercrimes: Combating Online Predators, Robert Kang

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Little Bits Can’T Be Wrong: The De Minimis Doctrine In The Context Of Sampling Copyright-Protected Sound Recordings In New Music, Christopher J. Norton Jul 2018

Little Bits Can’T Be Wrong: The De Minimis Doctrine In The Context Of Sampling Copyright-Protected Sound Recordings In New Music, Christopher J. Norton

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


How To Protect Orphan Film, Yinghua Li Jul 2018

How To Protect Orphan Film, Yinghua Li

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower Jun 2018

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Henry Ordower

No abstract provided.


Screening Justice In "The Accused" (1988), Sherri L. Burr Jun 2018

Screening Justice In "The Accused" (1988), Sherri L. Burr

Sherri L. Burr

Screening Justice is designed to tell the complex story of law through an exploration of forty films focusing upon courtroom dramas, social issues and questions of justice. These motion pictures are evaluated by distinguished scholars who, using a range of narrative styles, compare the law on the screen and the law in action. The work serves as a guide to understanding law, the rhetoric of law and images of justice. The book will introduce readers to new films as well as help create new perspectives on familiar classic movies.


Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal Jun 2018

Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal

The Business, Entrepreneurship & Tax Law Review

The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, and limits on the share of grosses. Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that ...


Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman Jun 2018

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact ...


Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey Jun 2018

Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey

Brooklyn Journal of International Law

Following the investigation of a Russian state-sponsored doping ploy prior to the Olympic Games in Rio 2016; the International Olympic Committee (IOC) decided against a blanket ban of the Russian Olympic team. Instead; it allowed athletes’ individual international federations to decide whether Russian athletes could compete. In following the various anti-doping laws in place; the IOC sought to protect and give justice to clean athletes around the world. This Note argues that they did not achieve this result; due to the anti-doping laws in place and the actors applying these laws. It suggests that there should be a universal anti-doping ...


Doping Appeals At The Court Of Arbitration For Sport: Lessons From Essendon, David Mahoney May 2018

Doping Appeals At The Court Of Arbitration For Sport: Lessons From Essendon, David Mahoney

Boston College Law Review

In recent years, there has been an increase in the growth of the sports industry globally. With it has come the growth of global sports arbitration. The Court of Arbitration for Sport (“CAS”), created in part because of the increase in sport-related arbitration, is designed to promote efficiency and uniformity in the resolution of disputes. Despite the noteworthy objectives of the CAS, recent developments, such as the supplement scandal surrounding the Essendon Football Club of the Australian Football League, highlight the pressure that endures between individual athletes and sport governing bodies. This pressure is especially clear in instances where athletes ...


Sports Betting, Federalism And The Constitution, John M. Greabe May 2018

Sports Betting, Federalism And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] Justice Sandra Day O'Connor has described federalism - how the Constitution divides powers between the federal government and the states - as "perhaps our oldest question of constitutional law."

This past week, the United States Supreme Court returned to this oldest of constitutional questions to strike down a federal law that had prohibited stats from authorizing betting on competitive sporting events.


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips May 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...


You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith May 2018

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to ...


Collection And Ownership Of Minor League Athlete Activity Biometric Data By Major League Baseball Franchises, Nicholas Zych May 2018

Collection And Ownership Of Minor League Athlete Activity Biometric Data By Major League Baseball Franchises, Nicholas Zych

DePaul Journal of Sports Law

No abstract provided.


The Muhammad Ali Expansion Act: The Rise Of Mixed Martial Arts And The Fight That Lies Ahead, Brandon Weber May 2018

The Muhammad Ali Expansion Act: The Rise Of Mixed Martial Arts And The Fight That Lies Ahead, Brandon Weber

DePaul Journal of Sports Law

No abstract provided.


Smart Contract Integration In Professional Sports Management: The Imminence Of Athlete Representation, Joshua Bernstein May 2018

Smart Contract Integration In Professional Sports Management: The Imminence Of Athlete Representation, Joshua Bernstein

DePaul Journal of Sports Law

No abstract provided.


No Risky Business: A Proposal To Modify The Hazardous Activities Clause In Professional Sports, J.J. Pristanski May 2018

No Risky Business: A Proposal To Modify The Hazardous Activities Clause In Professional Sports, J.J. Pristanski

DePaul Journal of Sports Law

No abstract provided.


Ncaa Head Coach Responsibilities Legislation, Joshua Lens May 2018

Ncaa Head Coach Responsibilities Legislation, Joshua Lens

DePaul Journal of Sports Law

No abstract provided.


Back To The Binary: How The Olympics Struggle With Separation Of Male And Female, Anna Boyd May 2018

Back To The Binary: How The Olympics Struggle With Separation Of Male And Female, Anna Boyd

DePaul Journal of Sports Law

No abstract provided.


Table Of Contents May 2018

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.


“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence May 2018

“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence

University of Miami Business Law Review

The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn ...


Bridging The Ncaa's Accident Insurance Coverage Gaps? A Deep Dive Into The Uncertainties Of Injury Coverage In College Contact Sports, And The Impact That Has On Athletes' Future Physical And Financial Comfort, Nicole Kline May 2018

Bridging The Ncaa's Accident Insurance Coverage Gaps? A Deep Dive Into The Uncertainties Of Injury Coverage In College Contact Sports, And The Impact That Has On Athletes' Future Physical And Financial Comfort, Nicole Kline

Journal of Law and Health

This Note analyzes the flaws in the NCAA’s current accidental injury health coverage policies for student-athletes and suggests ways to remedy the issues that plague student-athletes incurring serious injuries that may not be covered under current policies. Part I of this Note outlines the history of the NCAA and the policies relevant to the issues with accidental injury coverage currently in place. Part II looks at the significance of these coverage gaps in today’s world of modern medicine and technology as well as the impact they have on the everyday life of college athletes. Part III suggests solutions ...


A (Thigh) Gap In The Law: Addressing Egregious Digital Manipulation Of Celebrity Images, Jessica L. Williams-Vickery May 2018

A (Thigh) Gap In The Law: Addressing Egregious Digital Manipulation Of Celebrity Images, Jessica L. Williams-Vickery

Georgia State University Law Review

In 2012, world-renowned supermodel Coco Rocha agreed to be photographed for the cover of one of Elle’s magazine publications, Elle Brazil. Rocha posed for the pictures in a dress with significant cutouts, covered only by a sheer layer of skin-toned fabric. In keeping with her firm policy of no full or partial nudity, Rocha wore a bodysuit underneath the dress to limit her exposure. When Elle published the magazine, the final product shocked Rocha; the magazine had altered the image to remove her bodysuit, giving the impression Rocha had shown more skin than she in fact had. Rocha took ...


What's In A Game: Collective Management Organizations And Video Game Copyright, Tori Allen May 2018

What's In A Game: Collective Management Organizations And Video Game Copyright, Tori Allen

UNLV Gaming Law Journal

No abstract provided.


Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer May 2018

Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer

Michigan Telecommunications and Technology Law Review

Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet ...


Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel Apr 2018

Deflategate Pumped Up: Analyzing The Second Circuit’S Decision And The Nfl Commissioner’S Authority, Josh Mandel

University of Miami Law Review

Deflategate was one of the most controversial scandals in NFL history, and while many became fascinated due to their love of football, Deflategate was ultimately rooted in law. NFL Commissioner Roger Goodell suspended Tom Brady, the legendary quarterback for the New England Patriots, for four games for engaging in “conduct detrimental to the integrity of and public confidence in the game of professional football.” More specifically, Goodell suspended Brady because he was generally aware of Patriots staff deflating footballs prior to the 2015 AFC Championship game, and because he failed to cooperate with the investigation into the deflated footballs.

Commissioner ...