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Entertainment, Arts, and Sports Law Commons™

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Journal

2006

Discipline
Institution
Keyword
Publication

Articles 31 - 60 of 107

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

Television Remixed: The Controversy Over Commercial–Skipping, Ethan O. Notkin Mar 2006

Television Remixed: The Controversy Over Commercial–Skipping, Ethan O. Notkin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Super-Grokster: Untangling Secondary Liability, Comic Book Heroes And The Dmca, And A Filtering Solution For Infringing Digital Creations, Britton Payne Mar 2006

Super-Grokster: Untangling Secondary Liability, Comic Book Heroes And The Dmca, And A Filtering Solution For Infringing Digital Creations, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Comic Book Citation Format, Britton Payne Mar 2006

Comic Book Citation Format, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer Mar 2006

Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer

Washington and Lee Law Review

No abstract provided.

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Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson Mar 2006

Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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‘Law Is Life!’: Flag Wars, Local Government Law, And The Gentrification Of Olde Towne East, Linda Goode Bryant Mar 2006

‘Law Is Life!’: Flag Wars, Local Government Law, And The Gentrification Of Olde Towne East, Linda Goode Bryant

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers Mar 2006

Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution: Is It Unconstitutionally Overbroad, Erin Treacy Jan 2006

The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution: Is It Unconstitutionally Overbroad, Erin Treacy

UC Law SF Communications and Entertainment Journal

The RAVE Act was designed to thwart use and distribution of the illegal street drug ecstasy by holding the owner of a nightclub or other venue criminally responsible for any illegal drug-related activities that occur at an electronic music concert held on his or her property. This article argues that the RAVE act is unconstitutionally overbroad because it has a real and substantial impact on the First Amendment rights of electronic music concert performers and attendees. The article further argues that the RAVE act has driven electronic music concerts underground, making them less regulated than if held in legitimate commercial …

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The Conceptual Game In Copyright, Lior Zemer Jan 2006

The Conceptual Game In Copyright, Lior Zemer

UC Law SF Communications and Entertainment Journal

This article examines the nature of copyright as a concept and discusses the benefits that can be derived from understanding copyright as a vague conceptual framework, or, alternatively as an arsenal of competing interpretations and permutations, rendering its meaning essentially contested. The best way to make meaningful progress in the way we approach and think of copyright is by admitting into our discourse on copyright alternative approaches to ownership which emphasizes the public interest. We can protect the integrity of the copyright discourse by ensuring that no single voice can exclude other voices, and allow sufficient conceptual flexibility to permit …

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Catching A Black Cat In A Dark Room: Evaluating The Shortcomings Of Federal And State Anti-Spyware Legislation, Josh Sugnet Jan 2006

Catching A Black Cat In A Dark Room: Evaluating The Shortcomings Of Federal And State Anti-Spyware Legislation, Josh Sugnet

UC Law SF Communications and Entertainment Journal

This note analyzes state anti-spyware legislation and the latest federal anti-spyware bill, considering criticism raised and evaluating their potential to be effective in stopping spyware. The note concludes that these laws are best aimed at regulating the use of adware, the allegedly more legitimate commercial type of spyware, but do little to protect users from more malicious types of spyware authored by hackers and cyber-criminals. Also, the federal government must regulate the software industry to ensure that a competitive market for technological solutions to these security problems exists. Only by coupling law enforcement with effective industry regulation can the federal …

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Digitized Scholarship And The Library Concept: Allowing The History Of The Library Exemption To Inform How We View Google's Digitized Library, Kodj Gbegnon Jan 2006

Digitized Scholarship And The Library Concept: Allowing The History Of The Library Exemption To Inform How We View Google's Digitized Library, Kodj Gbegnon

UC Law SF Communications and Entertainment Journal

Google Inc., one of the most visible portals on the Internet, strives to "organize the world's information and make it universally accessible and useful." However, Google's Print Library database, which copies millions of books into a database and offers snippets of those books free of charge, may exceed the current confines of copyright law. After an in-depth look at Google's digitization projects and specific criticisms from library specialists, this article argues that the library exception to copyright infringement must be re-conceptualized to include commercial information enterprises such as Google's Print Library.

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Amending Its Anti-Paparazzi Statute: California's Latest Baby Step In Its Attempt To Curb The Aggressive Paparazzi, Lisa Vance Jan 2006

Amending Its Anti-Paparazzi Statute: California's Latest Baby Step In Its Attempt To Curb The Aggressive Paparazzi, Lisa Vance

UC Law SF Communications and Entertainment Journal

The financial rewards of celebrity photos have driven the paparazzi to increasingly dangerous tactics, often endangering celebrities and others in their pursuit of a valuable photo. In response to this danger, California amended its anti-paparazzi statute in 2005. The amended statute provides stiff penalties, including punitive and treble damages, and allows a celebrity to recover these damages for assault. However, assault requires the intent to cause apprehension of imminent contact, and much of the outrageous conduct of the paparazzi does not evidence this sort of intent. If California is serious about curbing improper behavior by the paparazzi, it should penalize …

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Same Injury, Different Coverage: How Privatized Insurance Policies Affect Injured Elite And Non-Elite Professional Athletes, Diana P. Cortes Jan 2006

Same Injury, Different Coverage: How Privatized Insurance Policies Affect Injured Elite And Non-Elite Professional Athletes, Diana P. Cortes

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Is The Ncaa Prohibition Of Native American Mascots From Championship Play A Violation Of The Sherman Antitrust Act, Ryan Fulda Jan 2006

Is The Ncaa Prohibition Of Native American Mascots From Championship Play A Violation Of The Sherman Antitrust Act, Ryan Fulda

American Indian Law Review

No abstract provided.

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An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren Jan 2006

An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.

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Termination Of College Coaching Contracts: When Does Adequate Cause To Terminate Exist And Who Determines Its Existence?, Martin J. Greenberg Jan 2006

Termination Of College Coaching Contracts: When Does Adequate Cause To Terminate Exist And Who Determines Its Existence?, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

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The Wrong Gameplan: Why The Minnesota Vikings' Failure To Understand Minnesota's Values Dooms Their Proposal For A New Stadium And How The Team Can Improve Its Future Chances, Ian Dobson Jan 2006

The Wrong Gameplan: Why The Minnesota Vikings' Failure To Understand Minnesota's Values Dooms Their Proposal For A New Stadium And How The Team Can Improve Its Future Chances, Ian Dobson

William Mitchell Law Review

No abstract provided.

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Rationalizing Software Patents: Suggestions For A Livable System, Shane Glynn Jan 2006

Rationalizing Software Patents: Suggestions For A Livable System, Shane Glynn

UC Law SF Communications and Entertainment Journal

In examining the historical development of software as patentable subject matter, the jurisprudence of the Supreme Court and Federal Circuit, the Patent and Trademark Office's regulations and guidelines, and the application of these rules in the legal and business community, this article explores the deficiencies of the current US software patent system. The article argues that by increasing patent examiners' knowledge of computer science and publishing domestic patent applications to allow competitors to search for relevant prior art, the US software patent system can be significantly improved.

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I Always Feel Like Someone Is Watching Me: A Technological Solution For Online Privacy, David Goldman Jan 2006

I Always Feel Like Someone Is Watching Me: A Technological Solution For Online Privacy, David Goldman

UC Law SF Communications and Entertainment Journal

This article develops the concept for a technological solution to the problem of online privacy. While most proposals endeavor to come to a consensus upon either a common definition or a common value system for privacy, the author instead proposes that the ultimate goal of an automated transaction should simply be to make optimal use of the online market. Rather than define privacy, the government should instead encourage trust, which will result in the maximum benefits for the economy as a whole.

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All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller Jan 2006

All Mixed Up: Bridgeport Music V. Dimension Films And De Minimis Digital Sampling, Jennifer R. R. Mueller

Indiana Law Journal

No abstract provided.

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Faulting San Andreas: The Call To Arms For Sensible Regulation Of Violent Video Games, Jessica Williams Jan 2006

Faulting San Andreas: The Call To Arms For Sensible Regulation Of Violent Video Games, Jessica Williams

UC Law SF Communications and Entertainment Journal

Video game violence has escalated to shocking limits. Murder and sex are glorified in modern games. California Assembly Bill 1179 is the latest attempt to curb the sale of video games encouraging this type of violence. Because it is improbable that current social science research will be able to prove the causal connections necessary to satisfy the Brandenburg standard for regulating free speech, AB 1179 violates the First Amendment rights of California's citizens. In the future, increased parental controls and the Entertainment Software Ratings Board's active role in enforcing compliance with its rating system will be the most effective means …

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A Minor Conundrum: Contracting With Minors In Canada For Film And Television Producers, Bob Tarantino Jan 2006

A Minor Conundrum: Contracting With Minors In Canada For Film And Television Producers, Bob Tarantino

UC Law SF Communications and Entertainment Journal

Concerns surrounding the enforcement of a contract with minors have plagued the entertainment industry, particularly in the areas of film and television. Amidst a confusing hodgepodge of laws, various North American jurisdictions have responded with a series of judicial decisions and legislative initiatives. These changes have increased marketplace certainty for the benefit of film producers and the minors with which they do business. The Canadian province of Ontario, however, remains without the benefit of such a regime of laws, creating uncertainty in Ontario's film and television marketplace. If Ontario wishes to develop as a major film and television production center, …

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Native American Mascots' Last Stand - Legal Difficulties In Eliminating Public University Use Of Native American Mascots, Brian R. Moushegian Jan 2006

Native American Mascots' Last Stand - Legal Difficulties In Eliminating Public University Use Of Native American Mascots, Brian R. Moushegian

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner Jan 2006

Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner

UIC Law Review

No abstract provided.

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Moral Rights Protection In The United States And The Effect Of The Family Entertainment And Copyright Act Of 2005 On U.S. International Obligations, Brandi L. Holland Jan 2006

Moral Rights Protection In The United States And The Effect Of The Family Entertainment And Copyright Act Of 2005 On U.S. International Obligations, Brandi L. Holland

Vanderbilt Journal of Transnational Law

Alteration of a motion picture has become legal as a result of the Family Movie Act, an attachment to the Family Entertainment and Copyright Act approved by Congress and signed by the President in early-2005. The "family movie" provision, championed by U.S. Representative Lamar Smith, Chairman of the House Judiciary Committee's Internet and Intellectual Property Subcommittee, indemnifies any company that makes filtered versions of movies without authorization from the copyright owners. Proponents claim the bill is a way to put content-filtering back into the hands of individual families, while critics claim their copyrights are violated whenever a company redistributes their …

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The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin Jan 2006

The Next ‘New Wave’: Law-Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article challenges stereotypes and misconceptions about law-genre documentaries. Part I will propose a working definition of law-genre documentaries because such a categorization is a necessary precursor to thinking or writing about the relevance of documentary films to lawyers, law students, and anyone interested in law and the pursuit of justice. The Article will go on from there to describe in Part II the various rhetorical or narrative styles or modes of filmmaking that documentarians employ. Although these styles or modes contribute to the impenetrability of documentary films, an understanding of their limitations can open up documentary films to critical …

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A Collective Rights Society For The Digital Age, John Maloney Jan 2006

A Collective Rights Society For The Digital Age, John Maloney

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Age Of Innocence: The First 25 Years Of The National Collegiate Athletic Association, 1906 To 1931, W. Burlette Carter Jan 2006

The Age Of Innocence: The First 25 Years Of The National Collegiate Athletic Association, 1906 To 1931, W. Burlette Carter

Vanderbilt Journal of Entertainment & Technology Law

In 2006, the National Collegiate Athletic Association ("NCAA"), the most powerful body in intercollegiate athletics, celebrates its 100th anniversary. In this article, the author undertakes to survey the NCAA's first twenty five years, offering a revealing snapshot of the beginning of intercollegiate athletics in the United States. As with the author's prior articles on this subject, this article continues the unique approach of using the proceedings of the NCAA and contemporaneous media articles to make its case. In so doing, the article challenges commonly held assumptions about the origins of present intercollegiate athletics policy, providing a much-needed history to frame …

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Revenue Sharing And The Salary Cap In The Nfl: Perfecting The Balance Between Nfl Socialism And Unrestrained Free-Trade, Clay Moorhead Jan 2006

Revenue Sharing And The Salary Cap In The Nfl: Perfecting The Balance Between Nfl Socialism And Unrestrained Free-Trade, Clay Moorhead

Vanderbilt Journal of Entertainment & Technology Law

This note argues that the League must reform the current revenue sharing model in order to correct the widening revenue gap between the lowest and highest revenue teams, which if not adequately addressed soon could severely impair the future popularity and success of the NFL. Part II describes the emergence of revenue sharing in the NFL; its evolution due to past challenges initiated by profit-oriented owners; and the details of the current revenue sharing system in place today. Part III establishes how the emergence of unshared "local revenue" has eroded the NFL's collective mentality, thereby causing a variety of problems …

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Equestrian Immunity And Sport Responsibility Statutes: Altering Obligations And Placing Them On Participants, Terence J. Centner Jan 2006

Equestrian Immunity And Sport Responsibility Statutes: Altering Obligations And Placing Them On Participants, Terence J. Centner

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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