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Entertainment, Arts, and Sports Law Commons

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Full-Text Articles in Entertainment, Arts, and Sports Law

Live Sports Virtual Reality Broadcasts: Copyright And Other Protections, Marie Hopkins Jan 2018

Live Sports Virtual Reality Broadcasts: Copyright And Other Protections, Marie Hopkins

Duke Law & Technology Review

As virtual reality rapidly progresses, broadcasts are able to increasingly mimic the experience of actually attending a game. As the technology advances and the viewer can freely move about the game and virtual reality can simulate the in-stadium attendance, the virtual reality broadcast nears the point where the broadcast is indistinguishable from the underlying game. Thus, novel copyright protection issues arise regarding the ability to protect the experience through copyright. Although normal broadcasts may be copyrighted, virtual reality broadcasts of live sports could lack protection under the Copyright Act because the elements of originality, authorship, and fixation are harder to ...


Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell May 2017

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell

Duke Law & Technology Review

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or summary judgment in order to vindicate their legal rights, even when they have strong cases. Thus, parties settle almost every case, which in turn prevents resolution of longstanding precedential questions in critical areas of copyright law. The legal uncertainty resulting ...


What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd Feb 2017

What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd

Duke Law & Technology Review

The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined by the Copyright Act, to pay a set fee for the right to air television programming rather than working out individual deals with each group that owned the copyright in the programming, and helped make television more widely accessible to the viewing public. FilmOn, a company that uses a mini-antenna system to capture and retransmit broadcast network signals, is now seeking access to the ...


Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler Dec 2016

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler

Duke Law & Technology Review

Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about ...


Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel Jan 2016

Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel

Duke Law & Technology Review

If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining that Aereo, an Internet content-streaming company, violated the Copyright Act by infringing on the copyrights of television broadcast networks. The Supreme Court ruled that Aereo's Internet streaming services resembled cable television transmissions too closely. Therefore, by streaming copyrighted programming to its subscribers without the cable compulsory license, Aereo violated the Transmit Clause of the 1976 Copyright Act. Subsequently, Aereo used this ...