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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
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- Copyright (8)
- Copyright infringement (5)
- Copyright law (5)
- Trademark (5)
- Copyright Act (4)
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- Music (4)
- Copyright protection (3)
- Infringement (3)
- Intellectual property (3)
- Internet (3)
- Fair Use (2)
- Fair use (2)
- Fashion (2)
- Fashion industry (2)
- Intellectual Property (2)
- Licenses (2)
- Litigation (2)
- Moral rights (2)
- Music industry (2)
- Protection (2)
- Right of publicity (2)
- Social media (2)
- Sound recordings (2)
- Sports (2)
- ASCAP (1)
- Actions & defenses (Law) (1)
- Actor's likeness (1)
- Actors (1)
- Actors' likeness (1)
- Advertising laws -- United States (1)
- Publication
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- UC Law SF Communications and Entertainment Journal (15)
- The Journal of Business, Entrepreneurship & the Law (6)
- Pepperdine Law Review (5)
- Touro Law Review (5)
- Pace Intellectual Property, Sports & Entertainment Law Forum (3)
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- Fordham Intellectual Property, Media and Entertainment Law Journal (2)
- Georgia Law Review (1)
- IP Theory (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Michigan Law Review First Impressions (1)
- Michigan Telecommunications & Technology Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- UIC Review of Intellectual Property Law (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
Articles 1 - 30 of 44
Full-Text Articles in Entertainment, Arts, and Sports Law
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini
Touro Law Review
After going to a theatre and watching a new movie, would it be possible to go home and write a book about it? What about after reading a novel? Would a reader be free to write a new book using the same characters? Would a teacher be able to write her own training manual using the exact techniques she had just learned in another author's book? Is there any recourse for authors facing these types of situations? This Comment explores how two lower courts have recently addressed these questions. The first decision, Warner Bros.Entertainment Inc. v. RDR Books,determined whether …
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie
Touro Law Review
In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Pepperdine Law Review
No abstract provided.
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Pepperdine Law Review
No abstract provided.
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West
A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West
The Journal of Business, Entrepreneurship & the Law
Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA takes a narrow approach to eliminate ambiguity present in former bills attempting to amend copyright law. The IDPPPA would incentivize innovation, the ultimate goal of …
No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman
No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman
Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman
Touro Law Review
No abstract provided.
For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas
For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas
Pace Intellectual Property, Sports & Entertainment Law Forum
Brett Pavony & Jaia Thomas wrote an article that explores the burgeoning relationship between professional sports and trademark law. After providing an overview of the various requirements outlined by the United States Patent and Trademark Office (USPTO), the article transitions into exploring the emerging trend of sports figures seeking federal trademark protection. Brett & Jaia blend their expertise and research to present an article that focuses on an analytical examination of professional athletes seeking trademark protection. The article also offers a glimpse into the future of intellectual property law as it pertains to professional athletes. As more and more athletes …
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
Pace Intellectual Property, Sports & Entertainment Law Forum
Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Pace Intellectual Property, Sports & Entertainment Law Forum
Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
What's In A Name? Fred Goldman's Quest To Acquire O.J. Simpson's Right Of Publicity And The Suit's Implications For Celebrities, Laura Hock
Pepperdine Law Review
No abstract provided.
Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero
Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero
Pepperdine Dispute Resolution Law Journal
Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes, …
Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton
Can Copyright Law Perform The Perfect Fouetté?: Keeping Law And Choreography On Balance To Achieve The Purposes Of The Copyright Clause, Katie M. Benton
Pepperdine Law Review
No abstract provided.
Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik
Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik
Fordham Intellectual Property, Media and Entertainment Law Journal
The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection to …
International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke
International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico
And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison
Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff
The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
What If The Big Bad Wolf In All Those Fairy Tales Was Just Misunderstood?: Techniques For Maintaining Narrative Rationality While Altering Stock Stories That Are Harmful To Your Client’S Case, Jennifer Sheppard
UC Law SF Communications and Entertainment Journal
Cognitive researches have established that humans think in terms of stories and, consequently, are persuaded by stories. That means that lawyers must be wary of stock stories that effect how an audience views a given set of circumstances. When a stock story is so pervasive that it will not allow a lawyer to ignore it or a more favorable alternative story does not exist, a lawyer can present the client's story from an alternative perspective that will not evoke the embedded knowledge structures triggered by the unfavorable stock story. The lawyer can accomplish this by tinkering with the different threads …
Ambush Marketing: Dissecting The Discourse, Brian Lee Pelanda
Ambush Marketing: Dissecting The Discourse, Brian Lee Pelanda
UC Law SF Communications and Entertainment Journal
This article discusses the problematic discourse in which scholars and corporate complainants such as the International Olympic Committee have discussed the issue of ambush marketing. It argues that those who persistently complain about ambush marketing have wielded the term far too liberally, and thus a great deal of confusion exists between the generally accepted definition of ambush marketing and the reality of the circumstances surrounding the numerous marketing strategies that the term is commonly used to describe. While much of the current literature on the subject concludes that the existing state of the law in the United States is not …
Libel Capital No More? Reforming British Defamation Law, Stephen Bates
Libel Capital No More? Reforming British Defamation Law, Stephen Bates
UC Law SF Communications and Entertainment Journal
London has long been known as the libel capital of the world. Through substantive law, expansive jurisdiction, and high litigation costs, the British courts strongly favor libel plaintiffs. Aspects of the system have come under increasing criticism from a variety of sources, including academics, nongovernmental organizations, the United Nations Human Rights Committee, the European Court of Human Rights, the British Ministry of Justice, and a committee of the House of Commons. In March 2011, the British government proposed far-reaching reforms. Four months later, however, new revelations emerged about phone-hacking by Rupert Murdoch's News of the World. As a consequence, the …
Drafting A Solution: Impact Of The New Salary System On The First-Year Major League Baseball Amateur Draft, Nicholas A. Deming
Drafting A Solution: Impact Of The New Salary System On The First-Year Major League Baseball Amateur Draft, Nicholas A. Deming
UC Law SF Communications and Entertainment Journal
Major League Baseball has evolved over the years. What was once a game played by residents of small towns across the country is now a multibillion dollar industry with international ties and ever-expanding exposure. With this transformation, the needs of the game have changed and its place in the judicial framework is unsettled. Currently, there is a growing discrepancy between small-market and large-market Major League Baseball teams. In part, the first-year amateur draft often fails to steer the most talented players to the worst teams because of financial concerns surrounding signing rookies. Major League Baseball had the opportunity to fix …
Online Business Reviews And The Public Figure Doctrine: An Advertising-Based Standard, Jenna Morton
Online Business Reviews And The Public Figure Doctrine: An Advertising-Based Standard, Jenna Morton
UC Law SF Communications and Entertainment Journal
Online reviews exert a powerful influence of consumers, who rely on the reviews to choose restaurants, barbers, doctors, and many other businesses. Businesses also rely on the reviews as an important form of advertisement. False reviews thus harm both businesses and consumers. Businesses that are harmed by false online reviews can bring a defamation action against the reviewer. However, the current legal standard is unclear as applied to businesses, as it looks to whether an individual is a "public figure." This note weighs the costs and benefits of three possible legal standards for businesses bringing defamation actions: (1) a bright …
How The Traditional Property Rights Model Informs The Television Broadcasting Spectrum Rationalization Challenge, J. Armand Musey
How The Traditional Property Rights Model Informs The Television Broadcasting Spectrum Rationalization Challenge, J. Armand Musey
UC Law SF Communications and Entertainment Journal
This paper examines the role zoning rights and eminent domain may play in the Federal Communication Commission's ("FCC") challenge of reallocating underutilized television broadcast spectrum for use in significantly higher value mobile broadband applications. The government must find a way to reallocate the spectrum in an economically and legally efficient manner, balancing the interests of the politically powerful broadcasters and those of society as a whole. From a strictly legal perspective, the broadcasters have a relatively weak claim to property rights. However, the government has indicated it seeks an incentivized voluntary return of spectrum by the broadcasters, suggesting the government …