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Articles 1 - 4 of 4
Full-Text Articles in Entertainment, Arts, and Sports Law
Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu
Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu
Faculty Scholarship
Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …
Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Michael T. Flannery, Raymond C. O'Brien
Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Michael T. Flannery, Raymond C. O'Brien
Faculty Scholarship
No abstract provided.
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Bloomer Girl Revisited Or How To Frame An Unmade Picture, Victor P. Goldberg
Bloomer Girl Revisited Or How To Frame An Unmade Picture, Victor P. Goldberg
Faculty Scholarship
Nearly all contracts casebooks feature the saga of Shirley MacLaine's suit against Twentieth Century Fox arising from the cancellation of the proposed film Bloomer Girl. None really get the story right. To be fair, none try. The case is a vehicle for exploring the obligation of the victim of the breach of an employment contract to take alternative employment. If MacLaine refused an offer of alternative employment that was not "different and inferior," her failure to mitigate would mean that the earnings she would have received would be offset against the damages; so, asked the court, was the alternative …