Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (16)
- Constitutional Law (7)
- Law and Society (7)
- First Amendment (5)
- Social and Behavioral Sciences (5)
-
- Civil Rights and Discrimination (3)
- Economics (3)
- Law and Economics (3)
- Public Law and Legal Theory (3)
- Antitrust and Trade Regulation (2)
- Communications Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Internet Law (2)
- Law and Gender (2)
- Law and Psychology (2)
- Science and Technology Law (2)
- Sexuality and the Law (2)
- American Politics (1)
- Anthropology (1)
- Art Practice (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Biological and Physical Anthropology (1)
- Communication (1)
- Comparative and Foreign Law (1)
- Computer Law (1)
- Conflict of Laws (1)
- Contracts (1)
- Keyword
-
- Arts and Entertainment (22)
- Intellectual Property Law (14)
- Constitutional Law (8)
- Copyright (8)
- Sports (6)
-
- Law and Society (5)
- First amendment; art; government speech doctrine; moral rights (4)
- Civil Rights and Discrimination (3)
- Contracts (3)
- Economics (3)
- First Amendment (3)
- Law and Economics (3)
- Public Law and Legal Theory (3)
- Age discrimination and employment act (2)
- Americans with disabilities act (2)
- Appearance discrimination (2)
- Beauty (2)
- Casting (2)
- Civil rights act (2)
- Communications Law (2)
- Constitution (2)
- Entertainment (2)
- First amendment (2)
- Gender bias (2)
- Indian and Aboriginal Law (2)
- Intellectual Property (2)
- Law and Technology (2)
- Lookism (2)
- Moral Rights (2)
- Psychology and Psychiatry (2)
- Publication
-
- John Barlow (4)
- Alexander D. Jakle (2)
- Ashley R Brown (2)
- Shane D Valenzi (2)
- Aaron K. Perzanowski (1)
-
- Alex Bernick (1)
- Arrielle S Millstein (1)
- Casey Schwab (1)
- Christopher M Fairman (1)
- Giancarlo Francesco Frosio (1)
- Griffin M. Barnett (1)
- Javier André Murillo Chávez (1)
- John M. Newman (1)
- Joseph A. Kohm Jr. (1)
- Joshua P Monroe (1)
- Matthew M. Heekin (1)
- Maxim Tsotsorin (1)
- Meghan M. Lydon Ms. (1)
- Michael G. Bennett (1)
- Neely M Peden (1)
- Rob C Burns (1)
- Robert F Helfing (1)
- Sahil Chaudry (1)
- Sarah Leggin (1)
- Stephen J McIntyre (1)
- martin hirschprung (1)
- File Type
Articles 1 - 30 of 32
Full-Text Articles in Entertainment, Arts, and Sports Law
Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns
Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns
Rob C Burns
This Note looks at the bylaws of the NCAA and argues that certain bylaws concerning athletes competing in the Olympic Games, which permit American athletes to receive medal bonuses that their foreign counterparts cannot, are discriminatory on the basis of national origin in violation of Title VI of the Civil Rights Act.
When Is Minority Not Minority: Ncaa Ignores Two Centuries Of Anglo-American Contract Law Respecting Legal Status, Matthew M. Heekin, Bruce W. Burton
When Is Minority Not Minority: Ncaa Ignores Two Centuries Of Anglo-American Contract Law Respecting Legal Status, Matthew M. Heekin, Bruce W. Burton
Matthew M. Heekin
No abstract provided.
The Impact Of The Jobs Act On Independent Film Finance, Sahil Chaudry
The Impact Of The Jobs Act On Independent Film Finance, Sahil Chaudry
Sahil Chaudry
While the 2008 financial crisis fundamentally altered the capital structure of the indie film, the JOBS Act will fundamentally augment capital sources available to the indie film industry at the time it is most starved. The onset of the U.S. recession, triggered by the 2008 economic crisis, substantially reduced the capital markets for the production of independent films. In an effort to stimulate economic growth for business start-ups, Congress passed the JOBS Act in March 2012. Two provisions of the JOBS Act present the independent (“indie”) film industry the opportunity to expand its capital markets. The first provision is Section …
Reburying An Injustice: Indigenous Human Remains In Museums And The Evolving Obligations To Return Remains To Indigenous Groups, Alex Bernick
Alex Bernick
No abstract provided.
The Apocalyptic Presidential Right Of Publicity, Michael G. Bennett
The Apocalyptic Presidential Right Of Publicity, Michael G. Bennett
Michael G. Bennett
The Apocalyptic Presidential Right of Publicity
Michael G Bennett Associate Professor Northeastern School of Law
Abstract
This article critically examines publicity rights doctrine as applied to celebrity political figures. It is particularly concerned with the prominence of science fictional concepts, theoretical frameworks and tropes in cases that mark the extreme scope of the doctrine and in the scholarship that aims to render case law rationally meaningful. And it situates President Obama and the difficult doctrinal issues his candidacy and subsequent election highlighted at the center of its analysis.
Part one of the article briefly describes the right of publicity and …
Slaves To Copyright: Branding Human Flesh As A Tangible Medium Of Expression, Arrielle S. Millstein
Slaves To Copyright: Branding Human Flesh As A Tangible Medium Of Expression, Arrielle S. Millstein
Arrielle S Millstein
This paper argues why human flesh, because of its inherent properties and its necessity for human survival, should not qualify as a tangible medium of expression under the Copyright Act of 1976. Through policy concerns and property law this paper demonstrates why the fixation requirement, necessary to obtain copyright protection of a “work,” must be flexible and eliminate human flesh as an acceptable, tangible medium of expression, to avoid the disastrous risk of the court falling into the role of “21st Century judicial slave masters.”
Ponderación Contra Fundamentalismo: Una Voz Razonable: Los Polémicos Casos De La Publicidad De Comida Chatarra, Las Cuotas De Artistas Nacionales En La Radio Y La Publicidad Sexista, Javier André Murillo Chávez
Ponderación Contra Fundamentalismo: Una Voz Razonable: Los Polémicos Casos De La Publicidad De Comida Chatarra, Las Cuotas De Artistas Nacionales En La Radio Y La Publicidad Sexista, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Expanding The Inner Circle: How Welfarist Norms Escape In-Groups, Alexander D. Jakle
Expanding The Inner Circle: How Welfarist Norms Escape In-Groups, Alexander D. Jakle
Alexander D. Jakle
I explore the influence of social mechanisms by which welfarist norms come to be appropriate by those outside the social group for which they were developed, and how they lead to patterned deviance from the law. Drawing on literature from law and society, law and economics, political science, social theory, and other fields, I use original research from a qualitative study of amateur baseball players to analyze the interplay between norms, groups, and deviance. Relationships with agents is widespread, despite being against both NCAA Bylaws and most players economic incentives. To explain this seemingly irrational pattern of rule-breaking, I argue …
The Lies We Tell Ourselves: Confidence, Self-Deception, And Their Effects On "Rationality" And Deviance, Alexander D. Jakle
The Lies We Tell Ourselves: Confidence, Self-Deception, And Their Effects On "Rationality" And Deviance, Alexander D. Jakle
Alexander D. Jakle
Law and economics suggests that we behave in ways that maximize our preferences, but what if we are deceived about what we want or how best to get it? This article explores how the psychology of self-deception can be marshaled to explain unexpected patterns of law-breaking and deviance. Using original research from a qualitative case study of amateur NCAA baseball players, I examine the ways in which self-deception leads us to systematically reinterpret and process information, fundamentally changing how we weigh the costs and benefits associated with breaking rules. Our preferences are inextricably interwoven with our identities, and we go …
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Ashley R Brown
No abstract provided.
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Ashley R Brown
No abstract provided.
Substantial Similarity In Literary Infringement Cases: A Chart For Turbid Waters, Robert F. Helfing
Substantial Similarity In Literary Infringement Cases: A Chart For Turbid Waters, Robert F. Helfing
Robert F Helfing
INTRODUCTION
"We delve once again," wrote Ninth Circuit Judge Alex O. Kozinski, "into the turbid waters of the 'extrinsic test' for substantial similarity under the Copyright Act.”[1] The court had before it a claim that a popular television series infringed the copyrights in plaintiffs’ screenplays. Precedent regarding substantial similarity is particularly confused in cases involving literary infringement, resulting in virtually automatic rejection: In the past 35 years, courts in the Ninth Circuit has allowed only three such claims to avoid summary dismissal, none since 2002 when Judge Kozinski made his remark about turbid waters. Yet, in the absence of …
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Griffin M. Barnett
This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.
Decoding And Resisting Culture: Reception Theory And Copyright Law, Meghan M. Lydon Ms.
Decoding And Resisting Culture: Reception Theory And Copyright Law, Meghan M. Lydon Ms.
Meghan M. Lydon Ms.
Though there has been much academic treatment of the author’s role in copyright law, few academic articles have been published about the reader’s role. Of those articles, only one has examined copyright law through the lens of reader response theory. In her article “Everything is Transformative: Fair Use and Reader Response,” 31 Colum. J.L. & Arts 445, Laura Heyman relied on English professor Stanley Fish’s famous reader response theory to argue that all works are transformative because readers naturally interpret texts from their own perspectives and that copyright law’s transformative use test should measure the use that a community of …
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Position Of Authority Statutes In Athletic Programs: A Proposed Roadmap For The Model Penal Code Revisions In Response To Jerry Sandusky, Casey Schwab
Casey Schwab
Jerry Sandusky, in an interview with Bob Costas on NBC’s “Rock Center,” admitted to “horsing around” while showering with young boys. He denied any sexual misconduct despite this admission. Since his admission of “horseplay” but denial of sexual abuse, the American public has been calling for a broad statutory rule barring adult coaches from being present while young athletes are in the shower. The majority of the current relevant literature examines the consequences that follow once coaches are already convicted of sexual abuse – not how their convictions were reached. The cases in which a coach is accused of sexual …
The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden
The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden
Neely M Peden
There has most definitely been a shift in the view of elite professionals within modern pop culture. Attorneys especially have come to face “anti-establishment” movement by popular culture. Those professions which used to be revered are now examples of ill-morals and ill-behavior. Indeed, popular culture goes out of its way to make villains out of attorneys by showing unprincipled characters in legal television shows or by churning out movies that revolve around attorneys whose lives and morals are so corrupt that they need to go through some sort of personal tragedy to be redeemed. It is this paper’s contention that …
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,” …
The Baseball Hall Of Fame Selection Process In An Age Of Performance Enhancing Drugs: An Application Of The Contractual And Statutory Rules Of Interpretation, Joseph A. Kohm Jr.
The Baseball Hall Of Fame Selection Process In An Age Of Performance Enhancing Drugs: An Application Of The Contractual And Statutory Rules Of Interpretation, Joseph A. Kohm Jr.
Joseph A. Kohm Jr.
No abstract provided.
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 …
Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, Christopher M. Fairman
Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, Christopher M. Fairman
Christopher M Fairman
Indecency regulation by the Federal Communication Commission and Supreme Court is the product of word taboo—the subconscious, emotional, involuntary avoidance of certain words out of fear that some harm will occur if they are spoken. Acting in tandem, the Court and the Commissioners create institutionalized word taboo based upon the assumption that broadcast media’s pervasive and intrusive presence into the home endangers unsupervised children. Technological innovation renders this premise invalid today, but institutionalized word taboo remains. This article (1) traces the rise of indecency regulation, (2) explains the invalidity of the assumptions used to justify it, (3) introduces word taboo …
Copyright Freeconomics, John M. Newman
Copyright Freeconomics, John M. Newman
John M. Newman
Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster’s rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate, still ongoing, among scholars and stakeholders—but this debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering licit content at a price of $0.
This sea change has ushered in an era of “copyright freeconomics.” Drawing on an emerging body …
Ownership Is Nine-Tenths Of Possession: How Disparate Conceptions Of Ownership Influence Possession Doctrines, Martin Hirschprung
Ownership Is Nine-Tenths Of Possession: How Disparate Conceptions Of Ownership Influence Possession Doctrines, Martin Hirschprung
martin hirschprung
Possession is nine-tenths of ownership. And yet, the concept of possession remains woefully unclear in the law, thereby rendering the very idea of ownership too somewhat murky. This Article argues that there exists a reflexive relationship between possession and ownership, and that one’s understanding of ownership and its incidents influence the very concept of possession, rather than vice-versa. The Article further argues that given this reality, the application of the concept of stewardship to question of possession can aid significantly in resolving some of the most important contemporary disputes regarding possession and ownership in society, such as disputes between museums …
Caution — Contains Extremely Offensive Material: David Wojnarowicz V. American Family Association, The Visual Artists Rights Act, And A Proposal To Expand Fair Use To Include Artists' Moral Rights, Sarah Leggin
Sarah Leggin
Although many artists build their careers by offending or challenging mainstream culture and live happily as outsiders, these and all artists still strive to protect their reputations and the integrity of their works. The importance of protecting the moral rights of artists has long been recognized by European law, but the United States has not embraced the value of artists’ rights in the same way. Today, U.S. copyright law recognizes moral rights for visual works that fall within narrow categories due to the enactment of the Visual Artists Rights Act of 1990 (VARA). Even after VARA was enacted and preempted …
Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin
Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin
Maxim Tsotsorin
Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a …
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 …
It's Only A Day Away: Rethinking Copyright Termination In A New Era, Shane D. Valenzi
It's Only A Day Away: Rethinking Copyright Termination In A New Era, Shane D. Valenzi
Shane D Valenzi
January 1, 2013 will mark the beginning of an important shift in US Copyright Law. On that day, for the first time, authors who signed over their creative rights to a producer, publisher, or other “litigation-savvy” grantee under the current Copyright Act will begin to enter a window of time within which they may terminate those prior grants of rights and reclaim their original copyrights. Of course, such actions are unlikely to go unchallenged, as many of these works generate billions of dollars of revenue for their current owners. This Article will examine the “new-works termination” provision of the Copyright …