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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 1 - 23 of 23
Full-Text Articles in Entertainment, Arts, and Sports Law
"The Theories Underlying The Con Environment" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon
Faculty Scholarship
This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Content from Cons and festivals dominate U.S. pop culture. The conventions serve as launching pads for new artists, entrepreneurs, and innovators. The smaller versions of these events create space to develop fan fiction, allow new artists to expose their work to interested audiences, and provide an entry point for new creative enterprises. As a cultural event and platform for expression, these events …
A Riff On Billy The Kid, Richard H. Underwood
A Riff On Billy The Kid, Richard H. Underwood
Law Faculty Scholarly Articles
In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.
Silent Similarity, Jessica D. Litman
Silent Similarity, Jessica D. Litman
Articles
From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the problem at the heart of …
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Charles E. Colman
This Essay examines what I call "post-parodies" in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks — not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is one grounded in ambivalence. Unfortunately, current doctrine governing trademark parodies cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a …
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Rediscovering Cumulative Creativity From The Oral Formulaic Tradition To Digital Remix: Can I Get A Witness?, Giancarlo Francesco Frosio
Giancarlo Francesco Frosio
For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and reuse. From the Platonic mimēsis to the Roman imitatio, from Macrobius’ Saturnalia to the imitatio Vergili, from medieval auctoritas and Chaucer the compilator to Anon the singer and social textuality, from Chrétien’s art of rewriting to Shakespeare’s “borrowed feathers,” …
Facades Of Justice, Norman W. Spaulding
Facades Of Justice, Norman W. Spaulding
Michigan Law Review
Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …
Readers' Copyright, Jessica D. Litman
Readers' Copyright, Jessica D. Litman
Articles
My goal in this project is to reclaim copyright for readers (and listeners, viewers, and other members of the audience). I think, and will try to persuade you, that the gradual and relatively recent disappearance of readers’ interests from the core of copyright’s perceived goals has unbalanced the copyright system. It may have prompted, at least in part, the scholarly critique of copyright that has fueled copyright lawyers’ impression that “so many in academia side with the pirates.” It may also be responsible for much of the deterioration in public support for copyright. I argue here that copyright seems out …
The Evolution Of Copyright Law In The Arts, Kevin Liftig
The Evolution Of Copyright Law In The Arts, Kevin Liftig
Honors Scholar Theses
As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
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 copyright was …
Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Michigan Telecommunications & Technology Law Review
This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Articles
I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
Articles in Law Reviews & Other Academic Journals
In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …
Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty
Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty
Jay Dougherty
Motion pictures are highly collaborative works. This article reviews fundamental concepts of authorship and joint authorship under copyright law, discusses the numerous creative contributions made to a motion picture, and analyzes what exactly should be protectable authorship in the motion picture context, including with respect to actors' performances. It also briefly considers international law of film authorship, and recommends a legal approach to problems of authorship in motion pictures.
The Historical Origins Of Baseball Grievance Arbitration, J. Gordon Hylton
The Historical Origins Of Baseball Grievance Arbitration, J. Gordon Hylton
Marquette Sports Law Review
No abstract provided.
Artists, Galleries And The Market: Historical Economic And Legal Aspects Of Artist-Dealer Relationships, Mark A. Reutter
Artists, Galleries And The Market: Historical Economic And Legal Aspects Of Artist-Dealer Relationships, Mark A. Reutter
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A Brief History Of The National Collegiate Athletic Association's Role In Regulating Intercollegiate Athletics, Rodney K. Smith
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.
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
To Yick Wo, Thanks For Nothing!: Citizenship For Filipino Veterans, Kevin Pimentel
Michigan Journal of Race and Law
In this Note, the Author uses science fiction novelist Robert Heinlein's model of citizenship as an analytical framework for examining the historical treatment of Filipino veterans of World War II. The Author Heinlein's conception of citizenship in Starship Troopers was one in which a person can acquire citizenship only through a term of service in the state's armed forces. Similarly, the United States provided immediate eligibility for citizenship to World War II era foreign veterans, but it effectively excluded Filipino veterans from this benefit. The Author examines how the plenary power doctrine in immigration law, has quashed legal challenges by …
Review Of Authority: Construction And Corrosion, William I. Miller
Review Of Authority: Construction And Corrosion, William I. Miller
Reviews
This is in many ways an engaging book, written in a refreshingly direct and unobfuscatory style. Its chief problem is living up to the rather grand expectations raised by the title, expectations that the author half-way through the enterprise admits he did not mean to evoke (p. 74). What the reader will find is less a systematic essay or sustained treatment of authority than several penetrating readings of intense conflicts dealing with a substantially narrower issue: controlling who gets to speak in public settings that are authority conferring - in councils, senates and law courts.
The Trouble With Hairdressers, Donald J. Herzog
The Trouble With Hairdressers, Donald J. Herzog
Articles
Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
Michigan Journal of International Law
Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Articles
With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …
A Historical Review Of Litigation In Baseball, Richard L. Irwin
A Historical Review Of Litigation In Baseball, Richard L. Irwin
Marquette Sports Law Review
No abstract provided.