Entertainment, Arts, and Sports Law Commons^™

Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

A Third Way Of Thinking About Cultural Property, Lucas Lixinski

Brooklyn Journal of International Law

The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.

“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney

Brooklyn Journal of International Law

The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of …

It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos

Christine A. Corcos

No abstract provided.

The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen

Faculty Scholarship

This article will explore on the portrayal of lawyers and the legal system in Daredevil comic books, particularly issues published in the Twenty-First Century. Because the Daredevil movie and the first two seasons of the Netflix television series have already been examined from various legal perspectives in past articles, this piece will highlight legal storylines from the comics themselves. This exploration is important because writers of future Netflix seasons will surely draw story elements from the comics discussed here and will very likely adapt these exact stories, encouraging the larger television audience to seek out and read the original comics. …

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.

The Exculpatory Contract And Public Policy, Ralph C. Anzivino

Marquette Law Review

Across the country, lawyers have searched for the magic formula to draft an exculpatory contract that would successfully exculpate their client in the event someone was injured while participating in a recreational activity sponsored by the client. Some examples of events would include snow skiing, swimming at a guest-only pool, horseback riding, white-water rafting, camping, running in a marathon, visiting a haunted house at Halloween, or a myriad of other events. The uniform standard by which the enforceability of these exculpatory clauses is measured is whether the exculpatory contract is against public policy.

The public policy of any state can …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.

The Football As Intellectual Property Object, Michael J. Madison

Book Chapters

The histories of technology and culture are filled with innovations that emerged and took root by being shared widely, only to be succeeded by eras of growth framed by intellectual property. The Internet is a modern example. The football, also known as the pelota, ballon, bola, balón, and soccer ball, is another, older, and broader one. The football lies at the core of football. Intersections between the football and intellectual property law are relatively few in number, but the football supplies a focal object through which the great themes of intellectual property have shaped the game: origins; innovation and …

From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl

Scholarly Articles

This essay refracts the criminal conviction and reparations order of the International Criminal Court (ICC) in the Al Mahdi case into the much broader frame of increasingly heated public debates over the protection, removal, defacement, relocation, display and destruction of cultural heritage in all forms: monuments, artefacts, language instruction, art and literature. What might the work product of the ICC in the Al Mahdi proceedings -- and international criminal law more generally -- add, contribute or excise from these debates? This essay speculatively explores connections between the turn to penal law to protect cultural property and the transformative impulses that …

For Fear Of The Fans: An Argument For Holding Sports Teams Accountable For Fans' Post-Match Conduct, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards

Marquette Intellectual Property Law Review

First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

What Protections Are Available To Graffiti Artists?, Molly Lamovec

Cybaris®

No abstract provided.