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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 12 of 12

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

Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs Jan 2018

Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs

Marquette Intellectual Property Law Review

Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on …


Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich Jan 2017

Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich

Marquette Intellectual Property Law Review

Under the fair use doctrine, use of a copyrighted work is not an infringement on a copyright if, after consideration of four factors, a court considers the use to be fair. The four factors courts are required to consider are: (1) “the purpose and character of the use;” (2) “the nature of the copyrighted work;” (3) “the amount and substantiality of the portion used in relation to the copyrighted work as a whole;” and (4) the effect the use has on “the potential market for or value of the original copyrighted work.” A circuit split exists between the Second and …


Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie Dec 2012

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," …


Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, Matthew J. Cursio Jan 2011

Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, Matthew J. Cursio

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Harry Potter And The Copyright Act: Have The Courts Finally Waved A Magic Wand By Defining Fair Use For Secondary Authors, Meg Reid Jan 2009

Harry Potter And The Copyright Act: Have The Courts Finally Waved A Magic Wand By Defining Fair Use For Secondary Authors, Meg Reid

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng Apr 2005

Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng

ExpressO

The Internet has affected information flow in copyrighted content in a profound manner. Authors and artists are enabled through the Internet to assert greater control over the flow of information in their works as these new technologies offer new and different distribution channels for content. These new technologies also allow consumers to use content in ways, which had not been anticipated by the copyright industries. This paper presents that copyright law was developed for a specific purpose, which was to encourage learning and growth. As new technologies emerge and as content industries experience changes in information flow in copyrighted works, …


Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng Apr 2005

Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng

ExpressO

The Internet has affected information flow in copyrighted content in a profound manner. Authors and artists are enabled through the Internet to assert greater control over the flow of information in their works as these new technologies offer new and different distribution channels for content. These new technologies also allow consumers to use content in ways, which had not been anticipated by the copyright industries. This paper presents that copyright law was developed for a specific purpose, which was to encourage learning and growth. As new technologies emerge and as content industries experience changes in information flow in copyrighted works, …


A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle Jan 2005

A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle

Seattle University Law Review

This article explains the evolution of the fair use doctrine, which historically prevented copyright holders from having too much control over their works by allowing certain legal and non-infringing fair uses of protected works. Part II explains how the United States Supreme Court developed the Betamax standard to apply the doctrine of fair use to a new technology: home video recorders. Part II also addresses how fair use and the Betamax standard might apply to digital technologies. Part III explains how the DMCA effectively abolished the defense of fair use and its application under the Betamax standard. Finally, Part IV …


No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi Jan 2002

No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Fair Use Doctrine And Campbell V. Acuff-Rose: Copyright Waters Remain Muddy, Melissa M. Francis Jan 1995

The Fair Use Doctrine And Campbell V. Acuff-Rose: Copyright Waters Remain Muddy, Melissa M. Francis

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover Mar 1991

The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon Oct 1990

Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.