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Articles 1 - 14 of 14
Full-Text Articles in Entertainment, Arts, and Sports Law
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr
Library Staff Publications
No abstract provided.
Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq.
Banksy Got Back? Problems With Chains Of Unauthorized Derivative Works And Arrangement Rights In Cover Songs Under A Compulsory License, Matthew Adam Eller Esq.
Matthew Adam Eller
This note will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in “cover” versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work is created by (“D1”) and then another author creates a second derivative work (“D2”) based off of D1. In situations such as these does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized? Further, depending on what rights do exist for D1, can the …
(Visual) Art And Copyright : Copyright In Nonprint Media, Laura Quilter
(Visual) Art And Copyright : Copyright In Nonprint Media, Laura Quilter
Laura Quilter
No abstract provided.
Fifty Shades Of Transformation, Danielle Meeks
Fifty Shades Of Transformation, Danielle Meeks
Pace Intellectual Property, Sports & Entertainment Law Forum
Danielle Meeks explores the recent trend of publishing fan fiction, brought to the forefront by the popularity of the Fifty Shades trilogy. Creating a work within another author's copyrighted fictional universe for profit is analyzed under the fair use doctrine and by comparing substantial similarities between Fifty Shades and the Twilight series to determine if the trilogy is transformative enough to survive a potential lawsuit.
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
IP Theory
No abstract provided.
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and reuse. From the Platonic mimēsis to the Roman imitatio, from Macrobius’ Saturnalia to the imitatio Vergili, from medieval auctoritas and Chaucer the compilator to Anon the singer and social textuality, from Chrétien’s art of rewriting to Shakespeare’s “borrowed feathers,” …
Game Over For First Sale, Stephen J. Mcintyre
Game Over For First Sale, Stephen J. Mcintyre
Stephen J McIntyre
Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …
Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman
Copyright And The Musical Arrangement: An Analysis Of The Law And Problems Pertaining To This Specialized Form Of Derivative Work, Joel L. Friedman
Pepperdine Law Review
No abstract provided.
Tattoos & Ip Norms, Aaron K. Perzanowski
Tattoos & Ip Norms, Aaron K. Perzanowski
Aaron K. Perzanowski
The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …
Rereading A Canonical Copyright Case: The Nonexistent Right To Hoard In Fox Film Corp. V. Doyal, Shane D. Valenzi
Rereading A Canonical Copyright Case: The Nonexistent Right To Hoard In Fox Film Corp. V. Doyal, Shane D. Valenzi
Shane D Valenzi
Do copyright owners have the right to hoard their creative works? The right to exclude on an individual basis is the keystone of copyright law, yet using copyright protection to prevent all public access to a work runs counter to the very premises upon which copyright law is based. This right to exclude the world from use of a creative work—referred to as the right to “hoard” by Justice O’Connor in Stewart v. Abend, is commonly traced to a Lochner-era tax case: Fox Film Corp. v. Doyal. This Article examines the right to hoard and its origins in Fox Film, …
Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12
Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12
NYLS Law Review
No abstract provided.
From Berne To Beijing: A Critical Perspective, David L. Lange
From Berne To Beijing: A Critical Perspective, David L. Lange
Faculty Scholarship
Remarking on the Beijing Treaty on Audiovisual Performances at the Vanderbilt Journal of Entertainment & Technology Law’s Symposium, From Berne to Beijing, Professor Lange expressed general misgivings about exercising the Treaty Power in ways that alter the nature of US copyright law and impinge on other constitutional rights. This edited version of those Remarks explains Professor Lange’s preference for legislation grounded squarely in the traditional jurisprudence of the Copyright Clause, the First Amendment, and the public domain, and his preference for contracting around established expectations rather than reworking default rules through treaties. It continues by exploring the particular costs associated …
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
The Derivative Right, Or Why Copyright Law Protects Foxes Better Than Hedgehogs, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” The derivative right includes forms of derivation and adaptation, such as making a movie from a novel or translating a book. It also covers what this Article refers to as penumbral derivatives, which the US Copyright Act captures using the phrase “based upon” with respect to preexisting works. This leads to indeterminacy about the scope of the derivative right, which …
Why Copyright Law Lacks Taste And Scents, Leon R. Calleja
Why Copyright Law Lacks Taste And Scents, Leon R. Calleja
Leon R Calleja
This paper explores the resistance in U.S. copyright law to extend copyright protection to scents and tastes, and advances the position that copyright law’s originality and expression requirements limit copyrightable subject matter to expressions that engage both author and audience in a way that requires reflection upon the work—or at least, the capacity for reflection—in a necessarily intersubjective and communicative fashion, what I call a “public dimension.” That the sensations of taste and smell are inescapably immediate and private suggest that they lack the kind of public dimension that visual and audio works exhibit. Indeed, this creates an ineffability characterized …