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Full-Text Articles in Entertainment, Arts, and Sports Law
Calculating The Harms Of Political Use Of Popular Music, Jake Linford, Aaron Perzanowski
Calculating The Harms Of Political Use Of Popular Music, Jake Linford, Aaron Perzanowski
Articles
When Donald Trump descended the escalator of Trump Tower to announce his 2016 presidential bid, Neil Young’s “Rockin’ in the Free World” blared from the loudspeakers. Almost immediately, Young’s management made clear that the campaign’s use of the song was unauthorized. Neil Young was not alone. Trump drew similar objections from dozens of artists during his first two presidential bids. But as a matter of copyright law, it is unclear whether artists can prevent their songs from being played at campaign rallies.
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna, Rebecca Tushnet, Yvette Joy Liebesman, John A. Conway
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna, Rebecca Tushnet, Yvette Joy Liebesman, John A. Conway
Court Briefs
Untethered to a sufficient public policy interest, right of publicity claims have exploded nationwide. Plaintiffs have asserted claims against inspirational plaques featuring civil rights icons, Rosa and Raymond Parks Inst. for Self Dev. v. Target Corp., 812 F.3d 824 (11th Cir. 2016),artwork commemorating significant events, Moore v. Weinstein Co., LLC, 545 Fed. App’x. 405 , 407 (6th Cir. 2013); ETW Corp. v. Jireh Publ’g, Inc., 332 F.3d 915 (6th Cir. 2003), Wikipedia edits that truthfully connected an astronaut with the watch he wore on his Moon walk, Scott v. Citizen Watch Co. of Am., Inc., 17-CV-00436-NC, 2018 WL 1626773 (N.D. …
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier
Law Faculty Articles and Essays
In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain our …
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …