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Entertainment, Arts, and Sports Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2016

Journal

Discipline
Institution
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Articles 1 - 30 of 156

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

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati Dec 2016

The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati

Indonesia Law Review

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …

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Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler Dec 2016

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler

Duke Law & Technology Review

Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about fair use …

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Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn Dec 2016

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question of …

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Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato Nov 2016

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.

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I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition Nov 2016

I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition

Journal of Intellectual Property Law

The Future of Music Coalition (FMC) has provided a voice in Washington, D.C. for musicians since 2000. One of our principal beliefs is that creation, both artistic and technological, is valuable and that artists deserve to be compensated for their work. The amount of this compensation and the mechanisms to facilitate payment are, of course, subject to contracts, market value, and other factors, some experimental or technological in nature. FMC also believes that music fans should be able to lawfully access the music they want without undue barriers or restrictions. Needless to say, finding the appropriate balance between creators' rights …

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The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm Nov 2016

The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm

Journal of Intellectual Property Law

No abstract provided.

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Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz Nov 2016

Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz

Journal of Intellectual Property Law

No abstract provided.

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The Promise And Peril Of Collective Listening, Whitney Broussard Nov 2016

The Promise And Peril Of Collective Listening, Whitney Broussard

Journal of Intellectual Property Law

No abstract provided.

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Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott Nov 2016

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.

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Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila Nov 2016

Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila

University of Miami Law Review

As of 2015, the American entertainment market was worth about $600 billion, and it is projected to substantially exceed that figure in coming years. The global entertainment industry is worth about $2 trillion, meaning the U.S. is responsible for over a quarter of total global entertainment revenue. These statistics illustrate the staggering impact of the American entertainment industry on the global markets for film, television, and music. The American music industry is particularly dominant in its global market, earning half of world-wide sync revenues and accounting for nearly a third of all global music revenue. Entertainment is clearly the United …

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140 Characters Or Less: A Look At Morals Clauses In Athlete Endorsement Agreements, Lauren Rosenbaum Oct 2016

140 Characters Or Less: A Look At Morals Clauses In Athlete Endorsement Agreements, Lauren Rosenbaum

DePaul Journal of Sports Law

No abstract provided.

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From The Octagon To The Courtroom: The Right To Fight, Subaltern, Cosmopolitanism, And Public Interest Litigation As A Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross Oct 2016

From The Octagon To The Courtroom: The Right To Fight, Subaltern, Cosmopolitanism, And Public Interest Litigation As A Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross

DePaul Journal of Sports Law

No abstract provided.

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The No-Fantasy League: Why The National Football League Should Ban Its Players From Managing Personal Fantasy Football Teams, Michael B. Engle Oct 2016

The No-Fantasy League: Why The National Football League Should Ban Its Players From Managing Personal Fantasy Football Teams, Michael B. Engle

DePaul Journal of Sports Law

No abstract provided.

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Running With The Law: Copyright And Trademark Issues Every Race Director Must Consider, John Carl Zwisler Oct 2016

Running With The Law: Copyright And Trademark Issues Every Race Director Must Consider, John Carl Zwisler

DePaul Journal of Sports Law

No abstract provided.

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Northwestern's Football Players: Unified Team Or Unionized Regime? An Analysis On The Collective Bargaining Rights Of Student-Athletes, Kassie Lee Richbourg Oct 2016

Northwestern's Football Players: Unified Team Or Unionized Regime? An Analysis On The Collective Bargaining Rights Of Student-Athletes, Kassie Lee Richbourg

DePaul Journal of Sports Law

No abstract provided.

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Table Of Contents Oct 2016

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.

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A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry Oct 2016

A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry

Journal of Intellectual Property Law

No abstract provided.

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Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen Oct 2016

Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen

Journal of Intellectual Property Law

No abstract provided.

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A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez Oct 2016

A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez

Journal of Intellectual Property Law

No abstract provided.

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Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey Oct 2016

Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey

DePaul Journal of Sports Law

No abstract provided.

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Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos Oct 2016

Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos

DePaul Journal of Sports Law

No abstract provided.

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Picking Up The Flag? The University Of Missouri Football Team And Whether Intercollegiate Student-Athletes May Be Penalized For Exercising Their First Amendment Rights, James Hefferan Oct 2016

Picking Up The Flag? The University Of Missouri Football Team And Whether Intercollegiate Student-Athletes May Be Penalized For Exercising Their First Amendment Rights, James Hefferan

DePaul Journal of Sports Law

No abstract provided.

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Consent In Sports & Recreational Activities: Using Contract Law Terminology To Clarify Tort Principles, Russ Versteeg Oct 2016

Consent In Sports & Recreational Activities: Using Contract Law Terminology To Clarify Tort Principles, Russ Versteeg

DePaul Journal of Sports Law

No abstract provided.

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Table Of Contents Oct 2016

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.

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Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick Oct 2016

Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick

Journal of Intellectual Property Law

No abstract provided.

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Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog Oct 2016

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog

Journal of Intellectual Property Law

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …

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A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin Oct 2016

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.

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Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim Oct 2016

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim

Journal of Intellectual Property Law

The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …

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The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais Oct 2016

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …

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Audience Participation: Crowdfunding Large Scale Theatrical Productions Through Regulation A+, Christopher Johnson Oct 2016

Audience Participation: Crowdfunding Large Scale Theatrical Productions Through Regulation A+, Christopher Johnson

Michigan Business & Entrepreneurial Law Review

Theatrical financing has been conducted in much the same way for the better part of a century. This method, however, has consistently provided only the shows with access to the deepest of pockets a path to Broadway. The advent of Internet-based crowdfunding provides producers access to a potential source of capital that was previously unavailable. Prior to the promulgation of the SEC regulations regarding Title IV of the JOBS Act, this capital could only be accessed through donation or reward based financing campaigns, but with the introduction of Regulation A+, there is finally a practical method for the widespread solicitation …

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