Entertainment, Arts, and Sports Law Commons^™

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are …

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.

Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine

West Virginia Law Review

No abstract provided.

Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole

Michigan Law Review

The intensity of fans' love for sports is no modern phenomenon. In ancient Rome, fierce rivalries existed between fans of the Red, Green, Blue, and White factions in chariot racing. Even emperors had their favorites. A foul in a race by a member of one faction could spark a riot in the stands. Winning charioteers would have their busts displayed in public places and were paid salaries far beyond that of the average citizen. Juvenal complained in his Satires that a chariot driver might earn 100 times more than a lawyer! The best drivers even achieved free agency and could …

From Inequity To Opportunity: Keeping Promises Made To Big-Time Intercollegiate Student-Athletes, Rodney K. Smith, Robert D. Walker

Nevada Law Journal

No abstract provided.

Giving The Green Light To Silicon Alley Employees: No-Compete Agreements Between Internet Companies And Employees Under New York Law , Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property Rights In The Middle East: A Cultural Perspective, John Carroll

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

2001 Panel In Trademark Law – I’Ll See Your Twodiscussion On Current Issues Pesos And Raise You . . . Two Pesos, Wal-Mart . . . And Traffix: Where Is U.S. Supreme Court Jurisprudence Heading, And How Will It Affect Trademark Practitioners?, Hugh Hansen, Glenn Mitchell, Inna Fayenson, Perry Saidman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The First Amendment As A Check On Copyright Rights, Alan E. Garfield

UC Law SF Communications and Entertainment Journal

Parties are increasingly raising the First Amendment as a potential limit on the scope of copyright rights. However, courts have traditionally found that copyright law already incorporates First Amendment interests, as it precludes protection of ideas and allows for the "fair use" of expression. This article addresses the issue of whether there needs to be additional First Amendment restraints. The author focuses on the broader principles of the First Amendment, and whether copyright law fully incorporates those principles. The author then discusses two recent cases, Worldwide Church of God v. Philadelphia Church of God and Los Angeles Times v. Free …

Trade Secrets, The First Amendment And The Challenges Of The Internet Age, David Greene

UC Law SF Communications and Entertainment Journal

Trade secret owners often come into conflict with the First Amendment rights of free speech and free press when they seek to restrict the publication of their trade secrets by others. Although the Uniform Trade Secrets Act provides some remedies for the unauthorized disclosure of trade secrets, First Amendment principles can make it difficult for trade secret owners to obtain such relief, especially when the publisher of the trade secret owes no duty of confidentiality to its rightful owner. Some trade secret owners have argued that trade secrets should be immune from First Amendment scrutiny, but there is no historical …

Legislative Prohibitions On The Enforcement Of Post-Employment Covenants Not To Compete In The Broadcasting Industry, Alice J. Baker

UC Law SF Communications and Entertainment Journal

This article examines covenants not to compete in the entertainment industry. In the first section of the article, the author discusses the common-law doctrine of non-competition agreements and their application in the context of the entertainment industry. Next, the author examines state legislative attempts to limit this type of agreement in the broadcasting industry, including possible justifications for a legislative prohibition on them in the entertainment industry. The author concludes that the costs of blanket prohibition outweigh the benefits of prohibitive legislation, and argues that broadcasting companies and employees should be free to negotiate and enforce postemployment covenants not to …

Fashion Runways Are No Longer The Public Domain: Applying The Common Law Right Of Publicity To Haute Couture Fashion Design, Samantha L. Hetherington

UC Law SF Communications and Entertainment Journal

Under present United States intellectual property law, clothing design is not protected by federal copyright, trademark/trade dress, or patent law. In fact, design piracy is sanctioned, if not encouraged. This article analyzes current intellectual property law and its failure to afford protection for clothing design. The author proposes that the doctrine of the right of publicity or personality could be applied to haute couture.

The Supreme Court And Trade Dress - A Short Comment, William P. Kratzke

UC Law SF Communications and Entertainment Journal

In the last nine years, the United States Supreme Court decided four cases that concern trade dress and the doctrine of functionality. With these decisions, the Court broadened the doctrine of functionality and narrowed the protection available for product configuration. The Court correctly held that the protection for a product's trade dress should not be as high as the protection for its trademark because consumers do not expect trade dress to function as trademarks do in identifying a product and its source. The author concludes that the Court has redefined the protection of trademark interests in these four cases so …

The Domain Name Registration .Bizness: Are We Being Pulled Over On The Information Super Highway, Navin Katyal

UC Law SF Communications and Entertainment Journal

This paper critically analyzes the de facto control over the Domain Name System currently administered by the not-for-profit organization, Internet Corporation for Assigned Names and Numbers ("ICANN"). Specifically, the author addresses the concerns of how ICANN fails to lead in the direction of appropriate Internet governance, and how it directs the Domain Name Registration ("DNR") industry to focus more upon economics, rather than engaging in legitimate issues surrounding trademark disputes created by the DNR.

Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The History Behind Athlete Agent Regulation And The Slam Dunking Of Statutory Hurdles, Diane Sudia

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Future Of The Concurrent Use Of Trademarks Doctrine In The Information Age, David S. Barrett

UC Law SF Communications and Entertainment Journal

This article focuses on the concurrent use doctrine of trademarks. This doctrine allows different owners to use the same or similar trademarks in business if (1) the junior use is geographically remote to the senior use and (2) the trademark was adopted in good faith. The second element is interpreted differently, with a shrinking minority requiring no actual knowledge and the minority requiring no intent of the junior user to imply his goods are those of the senior user.

The author argues that the internet revolution has created substantial problems with the concurrent use doctrine. The first major issue is …

Pricing Network Elements Under The Telecommunications Act Of 1996: Back To The Future, Salvatore Massa, Mark E. Meitzen, Steve G. Parsons

UC Law SF Communications and Entertainment Journal

This article examines the Telecommunications Act of 1996 and Congress' intent that it encourage new local telephone exchange carriers to enter the local telephone market, thereby increasing competition and reducing consumer cost. The authors give an overview of the Act, and then examine the disputes surrounding how the new carriers should pay for the use of existing network facilities under it. The authors argue that the Supreme Court should adopt the Eighth Circuit's actual incremental costs approach, because it is based on the expected future costs of an actual market participant, and is therefore more consistent with sound economic principles.

The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft

UC Law SF Communications and Entertainment Journal

No one has yet been able to agree on the meaning of the copyright laws related to webcast licensing and fees or how to define and treat new technological advances, innovations and uses. This article provides background into the history of the copyright law as it relates to music webcasting, including the Digital Performance Right in Sound Recordings Act of 1995 ("DPRA") and the DMCA, explains the various forms of copyright protection held in recorded sound performances and its relation to online transmissions, discusses the history of the complex, legal situation which has resulted, new developments surrounding the proposed Music …