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Entertainment, Arts, and Sports Law Commons™
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Articles 1 - 30 of 68
Full-Text Articles in Entertainment, Arts, and Sports Law
All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham
Georgia Journal of International & Comparative Law
No abstract provided.
A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger
A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger
Journal of Intellectual Property Law
No abstract provided.
Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth
Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth
Journal of Intellectual Property Law
No abstract provided.
Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer
Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer
Journal of Intellectual Property Law
No abstract provided.
Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato
Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato
Journal of Intellectual Property Law
No abstract provided.
I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition
I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition
Journal of Intellectual Property Law
The Future of Music Coalition (FMC) has provided a voice in Washington, D.C. for musicians since 2000. One of our principal beliefs is that creation, both artistic and technological, is valuable and that artists deserve to be compensated for their work. The amount of this compensation and the mechanisms to facilitate payment are, of course, subject to contracts, market value, and other factors, some experimental or technological in nature. FMC also believes that music fans should be able to lawfully access the music they want without undue barriers or restrictions. Needless to say, finding the appropriate balance between creators' rights …
The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm
The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm
Journal of Intellectual Property Law
No abstract provided.
Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz
Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz
Journal of Intellectual Property Law
No abstract provided.
The Promise And Peril Of Collective Listening, Whitney Broussard
The Promise And Peril Of Collective Listening, Whitney Broussard
Journal of Intellectual Property Law
No abstract provided.
Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott
Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott
Journal of Intellectual Property Law
No abstract provided.
A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry
A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry
Journal of Intellectual Property Law
No abstract provided.
Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen
Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen
Journal of Intellectual Property Law
No abstract provided.
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
Journal of Intellectual Property Law
No abstract provided.
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
Journal of Intellectual Property Law
No abstract provided.
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Journal of Intellectual Property Law
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Journal of Intellectual Property Law
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Journal of Intellectual Property Law
No abstract provided.
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Journal of Intellectual Property Law
No abstract provided.
We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton
Journal of Intellectual Property Law
No abstract provided.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Journal of Intellectual Property Law
No abstract provided.
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Journal of Intellectual Property Law
No abstract provided.
Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts
Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts
Journal of Intellectual Property Law
No abstract provided.
"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay
Journal of Intellectual Property Law
No abstract provided.
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Journal of Intellectual Property Law
No abstract provided.
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Journal of Intellectual Property Law
No abstract provided.
The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard
The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard
Journal of Intellectual Property Law
No abstract provided.
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
The Performance Rights Act And American Participation In International Copyright Protection, Jennifer Leigh Pridgeon
Journal of Intellectual Property Law
No abstract provided.