Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (20)
- Intellectual Property Law (19)
- Legal History (13)
- Constitutional Law (11)
- Comparative and Foreign Law (10)
-
- Civil Rights and Discrimination (9)
- Communications Law (9)
- International Law (9)
- Internet Law (9)
- Law and Economics (9)
- Judges (8)
- Jurisprudence (8)
- Law and Politics (8)
- Science and Technology Law (8)
- Courts (7)
- Dispute Resolution and Arbitration (7)
- Law and Gender (7)
- Antitrust and Trade Regulation (6)
- Computer Law (6)
- Criminal Law (6)
- Criminal Procedure (6)
- Economics (6)
- Education Law (6)
- Human Rights Law (6)
- Litigation (6)
- Public Law and Legal Theory (6)
- Social and Behavioral Sciences (6)
- International Trade Law (5)
- Keyword
-
- Arts and Entertainment (45)
- Law and Society (20)
- Intellectual Property Law (19)
- Legal History (13)
- General Law (12)
-
- Constitutional Law (11)
- Sports (11)
- Comparative and Foreign Law (10)
- Civil Rights and Discrimination (9)
- Communications Law (9)
- International Law (9)
- Law and Economics (9)
- Law and Technology (9)
- Judges (8)
- Jurisprudence (8)
- Politics (8)
- Science and Technology (8)
- Courts (7)
- Dispute Resolution (7)
- Women (7)
- Computer Law (6)
- Copyright (6)
- Criminal Law and Procedure (6)
- Economics (6)
- Education Law (6)
- Human Rights Law (6)
- Practice and Procedure (6)
- Public Law and Legal Theory (6)
- Employment Practice (5)
- International Trade (5)
- Publication Type
Articles 31 - 53 of 53
Full-Text Articles in Entertainment, Arts, and Sports Law
Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng
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, …
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald’S And Less Like The United Nations, Stephen F. Ross
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald’S And Less Like The United Nations, Stephen F. Ross
ExpressO
Antitrust law generally favors joint ventures that allow separate firms to integrate economic functions while continuing to compete as independent entities. In evaluating the risks to competition that joint ventures could pose, insufficient attention has been paid to the risk that joint ventures with market power may be structured so that the parties, acting in their independent self-interest, will prevent the venture from providing innovative goods and services responsive to consumer demand. In these cases, it may be better if a single firm provided services rather than having them provided jointly.
We illustrate this problem by challenging the conventional wisdom …
The Conscience Of The Queen: Lady Macbeth, Queen Elizabeth, And The Transparent Female Body In Jacobean England, Carla Spivack
The Conscience Of The Queen: Lady Macbeth, Queen Elizabeth, And The Transparent Female Body In Jacobean England, Carla Spivack
ExpressO
No abstract provided.
The Utility Of A Bright-Line Rule In Copyright Law: Freeing Judges From Aesthetic Controversy And Conceptual Separability In Leicester V. Warner Bros., John B. Fowles
ExpressO
No abstract provided.
No Longer Just For Diamonds In The Rough, Andrew Kulpa
Law And Poetry, Edward J. Eberle
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
ExpressO
Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was …
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
The Ohio State University Moritz College of Law Working Paper Series
US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …
Virtual Markets For Virtual Goods: The Mirror Image Of Digital Copyright?, Peter D. Eckersley
Virtual Markets For Virtual Goods: The Mirror Image Of Digital Copyright?, Peter D. Eckersley
ExpressO
The Internet and Copyright Law are particularly ill-suited to each other. One is designed to give as much information as possible to everyone who wants it; the other allows authors, artists and publishers to earn money by restricting the distribution of works made out of information. The beneficiaries of copyright law are lobbying for the re-design of computers and the Internet to instate "content control" and "digital rights management" (DRM). These technologies are intended to make copyright workable again by re-imposing limits on access to information goods, but they carry high direct and indirect social costs.
One alternative, which has …
The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution Within The United States That Is Unconstitutionally Overbroad, Erin Treacy
ExpressO
The RAVE Act amends the 1986 "Crackhouse Statute" on the assumption that electronic music concerts are comparable to crackhouses. This article submits that the rationale behind the former Crackhouse statute does not logically support the RAVE Act and that the new law, as enacted, is unconstitutionally overbroad, infringing upon First Amendment rights. This article shows that the “rave culture,” its associated drug use and electronic music performances (sometimes known as raves) are not inextricably linked. The article also explores policy arguments that may be asserted against the RAVE Act and provides suggestions on how to amend the existing statute to …
The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack
The Duchess' Privy Chamber: Early Modern Marriage Law And The Eviction Of Women From The Public Sphere In John Webster's "Duchess Of Malfi" , Carla Spivack
ExpressO
The Duchess’ Privy Chamber: Early Modern Marriage Law and the Eviction of Women from the Public Sphere in The Duchess of Malfi (argues that the symbolism in Webster’s Duchess of Malfi systemically undoes the iconography of Elizabethan power; that images taken from the legal descriptions of marriage work in the play to replace the image of woman as political ruler in the public sphere with woman as wife sequestered in the private sphere).
Owning Music: From Publisher's Privilege To Composer's Copyright, Michael W. Carroll
Owning Music: From Publisher's Privilege To Composer's Copyright, Michael W. Carroll
ExpressO
More than four years after Napster demonstrated the power of the Internet as a means of distributing music, we still are in the midst of a cultural and legal debate about what the respective rights of music copyright owners, follow-on creators, disseminators, and purchasers should be. A common assumption underlying much of the debate is that whatever settlement emerges, it will apply equally to all forms of expression. This Article questions that assumption by investigating the early history of copyright in music.
For the first time in legal scholarship, the Article reveals and examines the distinct early history of copyright …
Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman
Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman
ExpressO
No abstract provided.
Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet
Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet
ExpressO
No abstract provided.
Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen
Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen
ExpressO
This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.
Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay
Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay
ExpressO
Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …
Something Fishy, Tamara R. Piety
Something Fishy, Tamara R. Piety
ExpressO
The story of how one law professor encountered "Moby-Dick" and found therein a reading that offered an opportunity to introduce students to several general themes that resound in the study of law including the question of the function of law, the role of interpretation by analogy, formalism and many others.
Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski
Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski
ExpressO
An inherent conflict exists when clubs participating in a sports league control the way in which the competition is organized. This conflict leads to fewer franchises that may not be in the best locations, fewer broadcast rights sold with too many “black-outs,” inefficient marketing of merchandise and sponsorships, ineffective supervision of club management, labor market restrictions that do not enhance consumer appeal in the sport, and insufficient international competition. We suggest that sports leagues would be more profitable and fans’ welfare improved if sports leagues looked more like McDonald’s and less like the United Nations, by restructuring the leagues to …
The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig
The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig
ExpressO
After years of legal maneuvering and courtroom skirmishes, the lines in the war between copyright holders and online copyright infringers have been clearly drawn. This conflict, which is poised to erupt in courts across the country, began decades ago with the birth of the Internet, which gave rise to a previously unparalleled opportunity for the dissemination, sharing, and enjoyment of every conceivable form of human expression. In addition to the benefits it has provided, the Internet also has given rise to copyright infringement on a global scale through the unauthorized posting and sharing of digital files. After years of unsuccessfully …
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
ExpressO
Legal actions against non-humans (whether animals or objects) were once widespread. They were viewed seriously and undoubtedly served important social functions. This article considers the possibility that some of these actions may have been playful as well. Certain aspects of legal actions against animals and objects-- occasional moments of levity, a preoccupation with formal rules, and a strong emphasis on imaginative transformation-- suggest that these actions had elements of play. The possibility is worth considering for two reasons. First, it may shed some light on a practice that has perplexed and disturbed commentators for centuries. Second, an examination of play …
The Assumption Of Risk Doctrine, Liability-Limiting Statutes, And Skateboarding, David Amell
The Assumption Of Risk Doctrine, Liability-Limiting Statutes, And Skateboarding, David Amell
ExpressO
No abstract provided.
The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree
ExpressO
The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …