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Entertainment, Arts, and Sports Law Commons

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2005

Intellectual Property Law

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Articles 31 - 60 of 76

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

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen Jun 2005

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz Jun 2005

Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen Jun 2005

Panel Ii: Licensing In The Digital Age: The Future Of Digital Rights Management, Marybeth Peters, Joseph Salvo, Fred Von Lohmann, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz Jun 2005

Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady Jun 2005

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady Jun 2005

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia Jun 2005

Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia Jun 2005

Bodil Lindqvist: A Swedish Churchgoer's Violation Of The European Union's Data Protection Directive Should Be A Warning To U.S. Legislators, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Law As Design: Objects, Concepts And Digital Things, Michael J. Madison Apr 2005

Law As Design: Objects, Concepts And Digital Things, Michael J. Madison

University of Pittsburgh School of Law Working Paper Series

This Article initiates an account of “things” in the law, including both conceptual things and material things. Human relationships matter to the design of law. Yet things matter too. To an increasing extent, and particularly via the advent of digital technology, those relationships are not only considered ex post by the law but are designed into things, ex ante, by their producers. This development has a number of important dimensions. Some are familiar, such as the reification of conceptual things as material things, so that computer software is treated as a good. Others are new, such as the characterization of ...


Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng Apr 2005

Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng

ExpressO

The Internet has affected information flow in copyrighted content in a profound manner. Authors and artists are enabled through the Internet to assert greater control over the flow of information in their works as these new technologies offer new and different distribution channels for content. These new technologies also allow consumers to use content in ways, which had not been anticipated by the copyright industries. This paper presents that copyright law was developed for a specific purpose, which was to encourage learning and growth. As new technologies emerge and as content industries experience changes in information flow in copyrighted works ...


Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng Apr 2005

Copyright Law, The Production Of Creative Works And Cultural Growth In Cyberspace , Alina Ng

ExpressO

The Internet has affected information flow in copyrighted content in a profound manner. Authors and artists are enabled through the Internet to assert greater control over the flow of information in their works as these new technologies offer new and different distribution channels for content. These new technologies also allow consumers to use content in ways, which had not been anticipated by the copyright industries. This paper presents that copyright law was developed for a specific purpose, which was to encourage learning and growth. As new technologies emerge and as content industries experience changes in information flow in copyrighted works ...


The Utility Of A Bright-Line Rule In Copyright Law: Freeing Judges From Aesthetic Controversy And Conceptual Separability In Leicester V. Warner Bros., John B. Fowles Mar 2005

The Utility Of A Bright-Line Rule In Copyright Law: Freeing Judges From Aesthetic Controversy And Conceptual Separability In Leicester V. Warner Bros., John B. Fowles

ExpressO

No abstract provided.


Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller Mar 2005

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy Mar 2005

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly Mar 2005

Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton Mar 2005

Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian Mar 2005

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara Mar 2005

Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian Mar 2005

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton Mar 2005

Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller Mar 2005

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara Mar 2005

Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly Mar 2005

Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy Mar 2005

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Keeping Score: The Struggle For Music Copyright, Michael W. Carroll Feb 2005

Keeping Score: The Struggle For Music Copyright, Michael W. Carroll

ExpressO

Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of ...


A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle Jan 2005

A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle

Seattle University Law Review

This article explains the evolution of the fair use doctrine, which historically prevented copyright holders from having too much control over their works by allowing certain legal and non-infringing fair uses of protected works. Part II explains how the United States Supreme Court developed the Betamax standard to apply the doctrine of fair use to a new technology: home video recorders. Part II also addresses how fair use and the Betamax standard might apply to digital technologies. Part III explains how the DMCA effectively abolished the defense of fair use and its application under the Betamax standard. Finally, Part IV ...


Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines Jan 2005

Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines

Michigan Journal of Race and Law

This Note begins with a discussion of copyright law and then examines Black musical traditions and how they have conflicted with American copyright law through the years. Part I explains the history of American copyright law and its theoretical underpinnings. Part II relates common Black musical traditions in more detail. Part III illustrates how the foundations of Black musical traditions can be found in Negro Spirituals. Part IV outlines the notion of Black music as it evolved in ragtime. Part V describes how copyright undermined the traditions of blues, jazz, and R&B. Part VI explains how rock 'n' roll ...


Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall Jan 2005

Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall

Washington International Law Journal

Online music piracy is a major problem in the United States and a growing problem in the People's Republic of China ("PRC"). Despite awareness of the roots of the problem, the responses of the American government and recording industry have enjoyed only mixed success. The most effective ways of combating online music piracy have been the legal pursuit of individual copyright infringers and the emergence of fee-based download services. In light of the differences in social background, laws, enforcement structure, and cultural beliefs between the United States and the PRC, simply transplanting American responses to online music piracy to ...


No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer Jan 2005

No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer

Hastings Communications and Entertainment Law Journal

Many people, interested in the way animals are treated in the entertainment industry, rely on the American Humane Association's end credit disclaimer, "No Animals Were Harmed During the Making of this Production" to quiet their concerns about animal mistreatment and to avoid supporting films or television programs that injure animals. However, the AHA's end credit disclaimer is misleading because it suggests that projects with the disclaimer are cruelty free. Even if a film or television show receives the "No Animals Were Harmed..." designation, chimpanzees cannot become "actors" and appear on the stage or screen without being subject to ...


On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline Jan 2005

On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline

Hastings Communications and Entertainment Law Journal

A growing number of companies are offering "E-rated" versions of motion picture VHS tapes and DVDs-that is, versions which have been edited to remove nudity, sexual situations, and offensive or graphic language. These third-party editors do not own the copyrights or trademarks for the motion pictures they edit, nor do they have the permission of the owners. This article explains the processes that the thirdparty editors use to create the edited versions, as well as the copyright and trademark laws that apply, and analyzes the activities of the third-party editing companies actions in light of current copyright and trademark laws.