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Entertainment, Arts, and Sports Law Commons

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Comparative and Foreign Law

Boston College International and Comparative Law Review

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

Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, Kathryn Manza Feb 2014

Meaningful Journalism Or "Infotainment"? The Failure To Define The Public Interest In Axel Springer Ag V. Germany, Kathryn Manza

Boston College International and Comparative Law Review

Although American courts provide wide discretion for freedom of the press, the Convention for the Protection of Human Rights and Fundamental Freedoms ensures that the right to privacy enjoys equal footing with freedom of expression in Europe. When navigating the grey areas between these two frequently opposing rights, the European Court of Human Rights allows private information about a public figure to be published only to the extent the information contributes to the public interest. In Axel Springer AG v. Germany, the court missed a valuable opportunity to provide a clear standard for what the public interest encompasses. Although the ...


The Beijing Treaty On Free Expression: How Stopping Digital Piracy May Cost The World Free Expression, Michael A. Shinall Feb 2014

The Beijing Treaty On Free Expression: How Stopping Digital Piracy May Cost The World Free Expression, Michael A. Shinall

Boston College International and Comparative Law Review

The Beijing Treaty on Audiovisual Performances grants, for the first time, international rights to performers to protect their work in an audiovisual medium. This is a step forward in protecting audiovisual media from international piracy or infringement, but comes at a cost. While performers’ economic rights are kept in check by fair use defenses (favored uses designed to promote the creation of new works) performers’ moral rights from the Beijing Treaty contain no counterbalancing defense. This Comment argues that without this counterbalancing defense, performers may assert these moral rights against other artists unchecked, consequently chilling the free expression that copyright ...