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Entertainment, Arts, and Sports Law Commons

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Intellectual Property Law

Journal

2010

Articles 1 - 30 of 50

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

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke Dec 2010

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman Dec 2010

The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder Dec 2010

Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow Dec 2010

Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos Dec 2010

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter Oct 2010

Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter

Nevada Law Journal

No abstract provided.


A Sobering Conflict: The Call For Consistency In The Message Colleges Send About Alcohol, Marc Edelman, David Rosenthal Jun 2010

A Sobering Conflict: The Call For Consistency In The Message Colleges Send About Alcohol, Marc Edelman, David Rosenthal

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent Jun 2010

Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian Jun 2010

The Sound Of Money: Securing Copyright, Royalties, And Creative "Progress" In The Digital Music Revolution, Armen Boyajian

Federal Communications Law Journal

Academics and popular critics alike want to distill, reform, or altogether destroy U.S. copyright law as we know it. Much of this stems from animosity toward the old-guard record industry's alleged practices of overcharging consumers, underpaying royalties to artists, and suing teenagers and grandmas. But what those calling for reform all seem to neglect is a tiny but inevitable fact: for the first time in history, composers and recording artists can keep their copyrights.

Tangible media sales are being replaced by P2P file sharing, retail downloads, and streaming Webcasts. Digital technologies and wireless networks have opened prime channels for music …


Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson Jun 2010

Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Breaking Aro's Commandment: Recognizing That Inventions Have Heart, Bernard Chao Jun 2010

Breaking Aro's Commandment: Recognizing That Inventions Have Heart, Bernard Chao

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Lecture: Innovation, Incentives, Competition, And Patent Law Reform: Should Congress Fix The Patent Office And Leave Litigation Management To The Courts?, Paul Michel Jun 2010

Lecture: Innovation, Incentives, Competition, And Patent Law Reform: Should Congress Fix The Patent Office And Leave Litigation Management To The Courts?, Paul Michel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman Jun 2010

Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos Jun 2010

The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Trips Agreement: Helping Or Hurting Least Developed Countries’ Access To Essential Pharmaceuticals?, Marla L. Mellino Jun 2010

The Trips Agreement: Helping Or Hurting Least Developed Countries’ Access To Essential Pharmaceuticals?, Marla L. Mellino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy Mar 2010

Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin Mar 2010

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trade Secrets And Other Avenues For Protection Of Advanced Technology , Hugh C. Hansen, Roger Milgrim, George Graff, Sharon K. Sandeen Mar 2010

Panel Iii: Trade Secrets And Other Avenues For Protection Of Advanced Technology , Hugh C. Hansen, Roger Milgrim, George Graff, Sharon K. Sandeen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bilski’S “Machine-Or-Transformation” Test: Uncertain Prognosis For Diagnostic Methods And Personalized Medicine Patents, Brian P. Murphy, Daniel P. Murphy Mar 2010

Bilski’S “Machine-Or-Transformation” Test: Uncertain Prognosis For Diagnostic Methods And Personalized Medicine Patents, Brian P. Murphy, Daniel P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori Mar 2010

The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham Mar 2010

Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan Mar 2010

The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Friending Privacy: Toward Self- Regulation Of Second Generation Social Networks , Robert Terenzi, Jr. Mar 2010

Friending Privacy: Toward Self- Regulation Of Second Generation Social Networks , Robert Terenzi, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang Jan 2010

Protecting A Jewel Of A Trademark: Lessons Learned From The Dae Jang Geum Litigation On Using U.S. Law To Protect Trademarks Based On Imported Popular Culture Icons, Robert J. Kang

UC Law SF Communications and Entertainment Journal

U.S. trademark law protects trademarks that have achieved a sufficient degree of fame. This principle extends to trademarks based on foreign popular culture icons, such as Japan's "Hello Kitty." But while that principle seems obvious, caselaw on this subject has been minimal. Without clear judicial guidance confirming that such trademarks are protectable, American infringers may have felt emboldened to misappropriate them. However, in 2007 and 2008, a United States District Court presided over a trademark litigation involving "Dae Jang Geum," the name of the most popular Korean television drama in history. By analyzing the three most important orders issued in …


Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp Jan 2010

Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp

UC Law SF Communications and Entertainment Journal

Romantic relationships among co-workers: should employers have the right to suppress such activity? Employers often view the widespread practice of dating among co-workers as highly problematic. In light of increased sexual harassment suits, many employers attempt to limit or eliminate intimate relationships among employees through the institution of "no-fraternization" policies. The strictest of these policies allow for legal termination of employees that violate the policy's terms, and can include total prohibition of intimate relationships among co-workers. Employees argue that such bans, which also affect employees' off-duty intimate association, should be held unconstitutionally invasive of employees' privacy rights or invalid on …


Citizens United And The Future Of Fcc Content Regulation, Elizabeth Elices Jan 2010

Citizens United And The Future Of Fcc Content Regulation, Elizabeth Elices

UC Law SF Communications and Entertainment Journal

This paper examines the potential impact of Citizens United v. Federal Election Commission upon content-based Federal Communications Commission regulations. Although Citizens United focused on Federal Election Commission regulations, the case reflects the various First Amendment doctrines favored by the current Court, and its reasoning may extend to other areas of regulated speech.

Part I of the paper will discuss several prominent areas of First Amendment doctrine as well as the roles of the FCC and the FEC. Part II will briefly desccribe the background and outcome of Citizens United. Finally, Part III will analyze several FCC regulations, primarily regarding content …


Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack Jan 2010

Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin Jan 2010

A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin

UC Law SF Communications and Entertainment Journal

This article examines the tension between sensitive national security information and transparency in the federal courts. Although courts are public institutions with long histories of public access, courts also have the power to restrict access to information if it poses a threat to national security. In a variety of contexts, restrictions on access have been justified by mosaic theory-the idea that even apparently innocuous information can be harmful to national security interests if pieced together by a knowledgeable observer, such as a foreign intelligence organization. This article traces the development of mosaic theory in the federal courts, and argues that …


The Agony Of War And A World Without Law, Josh Zetlin Jan 2010

The Agony Of War And A World Without Law, Josh Zetlin

UC Law SF Communications and Entertainment Journal

This note analyzes Lewis Milestone's classic film A//.Quiet on the Western Front in order to illustrate the importance of law in society. Philosophers and legal theorists have pondered endlessly on the importance of law and the roles it serves. Building upon the concepts such as the "social contract," the creators of our legal system carved out particular areas of laws to satisfy specific societal wants and needs. Milestone's war epic reveals how war destroys these legal institutions. The chaos of war and unaccountability for immoral acts shatters the foundation of law, bringing great suffering to the characters in the film. …


Regulating Relationships Between Competing Broadcasters, Christopher S. Reed Jan 2010

Regulating Relationships Between Competing Broadcasters, Christopher S. Reed

UC Law SF Communications and Entertainment Journal

In response to mounting economic challenges in the media industry, some broadcasters have started entering into agreements whereby one station agrees to sell advertising, produce programming, or take over certain other functions of another station in the same market. Though such arrangements, often called local marketing or time brokerage agreements, are not particularly new in the broadcasting field, they have been used with increasing frequency in recent years.

This article examines the form and function of cooperative agreements among broadcasters and explores the reasons why such agreements are attractive business propositions for those who enter into them. It then describes …