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Entertainment, Arts, and Sports Law Commons™

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2000

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Articles 31 - 60 of 120

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

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis Mar 2000

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …

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Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher Mar 2000

Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde Mar 2000

Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards Mar 2000

The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan Mar 2000

Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti Mar 2000

Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere Mar 2000

Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle Feb 2000

A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle

All Faculty Scholarship

No abstract provided.

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The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson Jan 2000

The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson

UC Law SF Communications and Entertainment Journal

The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …

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Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null Jan 2000

Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null

UC Law SF Communications and Entertainment Journal

Recent attempts by the California legislature to prevent abuses by the paparazzi have spotlighted the conflict between freedom of the press, which is considered essential to the survival of a democratic society, and the personal right of privacy, violation of which has proven harmful. This article compares California's Anti-Paparazzi law with proposed federal legislation. The author suggests an appropriate course of action for promoting the most effective form of federal legislation on the issue.

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Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld Jan 2000

Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld

UC Law SF Communications and Entertainment Journal

This note examines the SEC's reaction to initial public offerings (IPOs) on the Internet during the late 1990's, explores benefits and concerns associated with IPOs in the Internet generally, and suggests ways in which the SEC should respond to such Internet IPOs. The author suggests that it is advisable for the SEC, given the likely continued increase in the use of the Internet for investment purposes, to step in and preempt state regulation of Internet IPOs, thereby giving smaller companies an increased opportunity to raise capital.

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International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman Jan 2000

International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman

UC Law SF Communications and Entertainment Journal

Copyright owners have become increasingly concerned with online copyright infringement by Internet service providers. As a result, lawmakers have attempted to determine the most appropriate mechanism by which to impose third party liability upon these ISPs. The internet makes it extremely difficult to identify online copyright infringement in general, and unfortunately, the task becomes even more difficult in the international context. This paper suggests that a practical solution to the problem might include creating international procedural guidelines, which would provide copyright owners with viable means to protect their rights. The authors compare international standards for ISP liability for third party …

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Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez Jan 2000

Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez

UC Law SF Communications and Entertainment Journal

The extent to which the government should have the ability to regulate "vice" products and activities, such as tobacco, alcohol and gaming, is extremely controversial. This article examines the commercial speech doctrine's "vice" advertising cases from 1986 through 1999 and the Central Hudson analysis. Remarkably, by 1999, the Court appears to have completely reversed its position regarding "vice" advertising, and in fact, it seems to have virtually eliminated the "vice" advertising distinction. As a result, it seems as though equal treatment is required under the First Amendment for all truthful, non-deceptive advertising for lawful products and services. The authors argue …

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The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King Jan 2000

The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King

UC Law SF Communications and Entertainment Journal

In an attempt to resolve disputes between domain name registrants and trademark holders in various countries, the Internet Corporation for Assigned Names and Numbers (ICANN) has implemented a policy under which complaints can be lodged and an objective inquiry into the facts for parties can be assessed. This article attempts to examine cases filed to date to determine whether the ICANN Policy and Rules are being effectively used for their intended purpose. The author explores the features of a domain name, the history of the Internet and how the decision to privatize the administration of domain names was made. Also …

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Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets Jan 2000

Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets

UC Law SF Communications and Entertainment Journal

Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.

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Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan Jan 2000

Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan

UC Law SF Communications and Entertainment Journal

In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that it …

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Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan Jan 2000

Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan

UC Law SF Communications and Entertainment Journal

The policies underlying the creation and exploitation of intangible intellectual property differ sharply from those for manufacture and sale of tangible goods. Intellectual property law seeks to protect the creditor's ability to benefit by his endeavors; in contrast, laws governing tangible goods are concerned with the transferability and availability of such goods in the interest of efficiency. This paper argues that current laws, such as the recent revision of Article 9 of the Uniform Commercial Code ("Revised 9"), ignores the concept that effective financing of intellectual property could and should operate in conjunction with state personal property financing laws. The …

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You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier Jan 2000

You Cannot Choke Your Boss & (And) Hold Your Job Unless You Play In The Nba: The Latrell Sprewell Incident Undermines Disciplinary Authority In The Nba, Roger A. Javier

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Payment Of Student-Athletes: Legal & (And) Practical Obstacles, Thomas R. Hurst Jan 2000

Payment Of Student-Athletes: Legal & (And) Practical Obstacles, Thomas R. Hurst

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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An Historical Overview Of Student-Athlete Academic Eligibility And The Future Implications Of Cureton V. Ncaa, Michael J. Mondello Jan 2000

An Historical Overview Of Student-Athlete Academic Eligibility And The Future Implications Of Cureton V. Ncaa, Michael J. Mondello

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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The Eligibility Paradox, Alfred Dennis Mathewson Jan 2000

The Eligibility Paradox, Alfred Dennis Mathewson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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Ftc Unfairness: An Essay, Stephen Calkins Jan 2000

Ftc Unfairness: An Essay, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

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Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth Jan 2000

Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth

UC Law SF Communications and Entertainment Journal

This article examines the temporal remoteness aspect of copyright law's subconscious copying doctrine. Under this doctrine, copyright infringement defendants can be held liable for infringement, even if they believe that they independently created their work, if the defendants had access to the copyrighted work, the works are practically identical, and the degree of temporal remoteness - the time between access and subsequent creation of the infringing work - was low. The author analyzes the evolution of the subconscious copying doctrine from its inception in Fred Fisher, Inc. v. Dillingham to its recent interpretation by the Ninth Circuit in Three Boys …

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Table Of Contents Jan 2000

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten Jan 2000

Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.

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Corporate Sponsorships Of Sports And Entertainment Events: Considerations In Drafting A Sponsorship Management Agreement , Gregory J. Heller, Jeffrey A. Hechtman Jan 2000

Corporate Sponsorships Of Sports And Entertainment Events: Considerations In Drafting A Sponsorship Management Agreement , Gregory J. Heller, Jeffrey A. Hechtman

Marquette Sports Law Review

No abstract provided.

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A Brief History Of The National Collegiate Athletic Association's Role In Regulating Intercollegiate Athletics, Rodney K. Smith Jan 2000

A Brief History Of The National Collegiate Athletic Association's Role In Regulating Intercollegiate Athletics, Rodney K. Smith

Marquette Sports Law Review

No abstract provided.

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Title Vii: An Alternative Remedy For Gender Inequity In Intercollegiate Athletics , Kristi L. Schoepfer Jan 2000

Title Vii: An Alternative Remedy For Gender Inequity In Intercollegiate Athletics , Kristi L. Schoepfer

Marquette Sports Law Review

No abstract provided.

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Book Review: Safe At First: A Guide To Help Sports Administrators Reduce Their Liability, Rodney L. Caughron Jan 2000

Book Review: Safe At First: A Guide To Help Sports Administrators Reduce Their Liability, Rodney L. Caughron

Marquette Sports Law Review

No abstract provided.

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Book Review: Youth Sports And The Law: A Guide To Legal Issues, Kirsten Hauser Jan 2000

Book Review: Youth Sports And The Law: A Guide To Legal Issues, Kirsten Hauser

Marquette Sports Law Review

No abstract provided.

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