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Entertainment, Arts, and Sports Law Commons

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2016

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Articles 31 - 60 of 234

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

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.


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 ...


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 ...


Sports, Inc. Volume 9, Issue 1, Ilr Cornell Sports Business Society Oct 2016

Sports, Inc. Volume 9, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Art & The “Public Trust” In Municipal Bankruptcy, Brian L. Frye Oct 2016

Art & The “Public Trust” In Municipal Bankruptcy, Brian L. Frye

Law Faculty Scholarly Articles

In 2013, the City of Detroit filed the largest municipal bankruptcy action in United States history, affecting about $20 billion in municipal debt. Unusually, Detroit owned its municipal art museum, the Detroit Institute of Arts (“DIA”) and all of the works of art in the DIA collection, which were potentially worth billions of dollars. Detroit’s creditors wanted Detroit to sell the DIA art in order to satisfy its debts. Key to the confirmation of Detroit’s plan of adjustment was the DIA settlement, under which Detroit agreed to sell the DIA art to the DIA corporation in exchange for ...


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 ...


Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown Oct 2016

Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders, Will Bucher Oct 2016

Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders, Will Bucher

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2016

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall Sep 2016

Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall

Journal of Intellectual Property Law

No abstract provided.


Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious Sep 2016

Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious

Journal of Intellectual Property Law

No abstract provided.


We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton Sep 2016

We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton

Journal of Intellectual Property Law

No abstract provided.


Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi Sep 2016

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard Sep 2016

Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard

Journal of Intellectual Property Law

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler Sep 2016

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts Sep 2016

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.


"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay Sep 2016

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.


Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein Aug 2016

Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players were employees of the institution and could unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision - at that time - was that it could redefine the principle that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding was whether the Internal Revenue Service (IRS) could logically continue to ...


United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus Aug 2016

United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus

University of Miami Inter-American Law Review

This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal ...


Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman Aug 2016

Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman

University of Miami Law Review

This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without ...


Recent Decisions: Motion Picture Censorship Jul 2016

Recent Decisions: Motion Picture Censorship

The Catholic Lawyer

No abstract provided.


Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche Jun 2016

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche

Pace Intellectual Property, Sports & Entertainment Law Forum

Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the ...


The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore Jun 2016

The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore

Pace Intellectual Property, Sports & Entertainment Law Forum

Since 1945, many teams have made it to the World Series and have won. The New York Yankees, Philadelphia/Oakland Athletics, and St. Louis Cardinals have won many. The Boston Red Sox, Chicago White Sox, and San Francisco Giants endured decades-long dry spells before they finally won the World Series. Even expansion teams like the New York Mets, Toronto Blue Jays, Kansas City Royals, and Florida Marlins have won multiple championships. Other expansion teams like the San Diego Padres and Texas Rangers have been to the Fall Classic multiple times, although they did not win. Then we have the Chicago ...


Ncaa – An Overview Of Socioeconomic Status’S Impact On College Athletes, And The Regulations And Impact That Can Revolutionize The Amateurism World, Bryan Kelly Jun 2016

Ncaa – An Overview Of Socioeconomic Status’S Impact On College Athletes, And The Regulations And Impact That Can Revolutionize The Amateurism World, Bryan Kelly

Pace Intellectual Property, Sports & Entertainment Law Forum

This article will begin with a review of the rules and regulations concerning the likeness of athletes, and amateurism status used by the NCAA. It will also shed light on several key cases including: Oliver v. NCAA, Keller v. NCAA, and O’Bannon v. NCAA. After that, a discussion of how one’s socioeconomic status further illustrates that the ongoing problem with the current NCAA amateurism system. Finally, this paper will present suggestions for solving the current issues with the NCAA amateurism system, and provide different alternatives that the NCAA could take to revolutionize the world of amateurism, while remaining ...


Class Certification Issues: In Re: National Football League Concussion Injury Litigation, Jessica Leigh Hawley Jun 2016

Class Certification Issues: In Re: National Football League Concussion Injury Litigation, Jessica Leigh Hawley

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will discuss whether the prerequisites of the Federal Rules of Civil Procedure, Rule 23, were properly applied in the certification of the class in the NFL Concussion Injury Litigation, with an emphasis on typicality. Discussion will begin with the general rule of class actions and drafter’s intent when the rule was enacted. It will then discuss the major amendment to the rule and the purpose of the amendment with a focus on typicality, and clarify the standard for the typicality requirement with a discussion of the United States Supreme Court decision in Amchem v. Georgine. The discussion ...


Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends, Adam Levy Jun 2016

Pwnd Or Owned? The Right Of Publicity And Identity Ownership In League Of Legends, Adam Levy

Pace Intellectual Property, Sports & Entertainment Law Forum

E-sports is a new and growing form of entertainment, where gamers at the peak level of their skill compete for prestige and prizes. The contracts these athletes have are evident of a problem within the legal field of the right of publicity: there are few, if any, protections for individuals who want to license their right of publicity. The growth of E-sports has shown us the caveat emptor approach taken by courts does not adequately protect the licensee from having their privacy intruded upon. Adopting a set of standards for licensing the right of publicity would protect the privacy of ...


The Wrong Of Publicity, Albert Vetere Jun 2016

The Wrong Of Publicity, Albert Vetere

Pace Intellectual Property, Sports & Entertainment Law Forum

The right of publicity has been, since at least 1977, a recognized concept. It was used, much like the other areas of intellectual property law to protect what a person had worked hard to create, in this case the concept of themselves. Their creativity in making themselves known and in having an "act" was worth protecting. However, the right of publicity has drastically changed since its conception. What is has become in the past almost forty years is a strange amalgamation of concepts, protected by laws that were never meant to be used to protect it in the first place ...


The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres Jun 2016

The Celebrity Behind The Brand International Protection Of The Right Of Publicity, Eliana Torres

Pace Intellectual Property, Sports & Entertainment Law Forum

Part I of the article provides an overview of the right of publicity and its history. It presents the importance of this right, particularly for celebrities, and it focuses on the influence of the entertainment and sports industries in a global economy. Then, it analyzes the major differences in level of protection, scope and length, starting with the United States. Then it uses the standard in the United States and compares it with the protection offered in 22 selected jurisdictions based on a survey report by Kenyon & Kenyon titled Getting the Deal Through. Then, it addresses potential challenges to the ...


3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom Jun 2016

3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom

Pace Intellectual Property, Sports & Entertainment Law Forum

Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must ...


True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino Jun 2016

True Criminal?: An Analysis And Discussion Of The Crimes Committed By Detective Rustin Cohle In Season One Of Hbo’S Mini-Series True Detective, Kevin J. Cimino

Pace Intellectual Property, Sports & Entertainment Law Forum

The purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, this Article ...