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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 6 of 6
Full-Text Articles in Entertainment, Arts, and Sports Law
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
Intellectual Property, Marathons, And Other Running Events, John C. Zwisler
John C Zwisler
No abstract provided.
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so. But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms, …
Copyright Without Creators, Jonathan M. Barnett
Copyright Without Creators, Jonathan M. Barnett
Jonathan M Barnett
Copyright is typically justified by the rationale that profits induce authors and other artists to invest resources in cultural production. This rationale is vulnerable to the objection that some artists have intrinsic incentives to invest in cultural production and do not require significant capital to do so. Even accepting this objection, copyright is justified by an alternative rationale: it supports the profit-motivated intermediaries that bear the high costs and risks involved in evaluating, distributing and marketing content in mass-cultural markets. This “authorless” rationale is consistent with the intermediated structure of mature mass-cultural markets and accounts for long-standing features of copyright …
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
Cracking The Cable Conundrum: Government Regulation Of A La Carte Models In The Cable Industry, Jade Brewster
Jade Brewster
This Article examines the practice of cable bundling, a term describing how cable providers offer channels in “packages” of channels rather than allowing consumers to buy channels individually. These cable bundles have been criticized by politicians, academics, and the public alike, many of whom believe cable bundling simultaneously increases the price of cable and forces consumers to pay for programming they neither want nor use. Politicians have responded to these criticisms by advocating for legislation requiring cable companies to offer a la carte pricing options, in which customers can pick and choose individual channels. But evidence that an a la …
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Yafit Lev-Aretz
Copyright literature has been long familiar with the lack of licensing choices in various creative markets. In the absence of a lawful licensing alternatives, consumers of works as well as secondary creators wishing to use protected elements of preexisting works are often left with no choice but to either infringe on the copyright of the rightholder or refrain from the use. As further creation is regularly impeded, the dearth of licensing greatly conflicts with the utilitarian foundation of copyright and its constitutional goal to promote creative progress. Legal scholarship has submitted various recommendations in response to the licensing failure, homing …
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits …