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Entertainment, Arts, and Sports Law Commons™
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Articles 31 - 60 of 102
Full-Text Articles in Entertainment, Arts, and Sports Law
Incidental Intellectual Property, Brian L. Frye
Incidental Intellectual Property, Brian L. Frye
Law Faculty Scholarly Articles
As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.
Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies to …
Inspiration Versus Exploitation: Traditional Cultural Expressions At The Hem Of The Fashion Industry, Elizabeth M. Lenjo
Inspiration Versus Exploitation: Traditional Cultural Expressions At The Hem Of The Fashion Industry, Elizabeth M. Lenjo
Marquette Intellectual Property Law Review
The fashion industry is a multitrillion dollar global industry. In 2016, consumers in the United States of America alone, spent almost $380 billion on apparel and footwear. Some may deride the fashion industry as lacking substance and mere “fluff,” but the numbers validate that it is important and extremely valuable “fluff.” After all, clothing and footwear are human necessities and are the main output from this sector that spans from high-end luxury brands to low-end necessities.
Clothing and fashion help define a culture and reflect individual identity. Throughout most of human history, regional variations in style and clothing served as …
What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays
What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays
Marquette Intellectual Property Law Review
A key contention of legal writing scholarship is that the legal resolution is rooted in storytelling. The law consists of an endless telling and retelling of stories. Clients tell stories to their lawyers, who must figure out how to frame their client’s narrative into a legal context. Lawyers retell their clients’ stories to judges using pleadings, motions, and legal briefs. Judges and administrators retell these stories in the form of an opinion or verdict.
Storytelling in the legal context is an important element of persuasion. For the purpose of this comment, legal storytelling is defined as the use of fiction-writing …
Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen
Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen
All Faculty Scholarship
In an unusual case, Scottish-born painter Peter Doig was accused of wrongfully denying the authenticity of a painting he insisted he did not paint, to the financial detriment of the work’s owner. Doig won the case against him, which commenced in 2013 and continued for three years. United States District Judge Gary Feinerman ultimately ruled that the evidence presented in a week-long trial proved “conclusively” that Doig did not paint the plaintiff owner’s painting. The case raised concerns about whether a living artist should ever be required by law to authenticate a work of art ascribed to him or her …
Speaking From The Grave. Should Copyright Listen?, Jessica Silbey
Speaking From The Grave. Should Copyright Listen?, Jessica Silbey
Faculty Scholarship
Should authors be able to control the use of their work after they die? It’s a question that touches deep personal and public concerns. It resonates with longstanding debates in literary studies over the “death of the author” and “authorial intent,” and is an issue that Professor Eva Subotnik tackles in her latest article, Artistic Control After Death (forthcoming in the Washington Law Review).
Currently, U.S. copyright expires 70 years after the author’s death so that control of an author’s copyrights extends far into the future. Long after an author creates a work, often decades after publication and the work’s …
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng
Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng
Journal of Intellectual Property Law
No abstract provided.
Scenes From The Copyright Office, Brian L. Frye
Scenes From The Copyright Office, Brian L. Frye
Law Faculty Scholarly Articles
This essay uses a series of vignettes drawn from Billy Joel’s career to describe his encounters with copyright law. It begins by examining the ownership of the copyright in Joel’s songs. It continues by considering the authorship of Joel’s songs, and it concludes by evaluating certain infringement actions filed against Joel. This Essay observes that Joel’s encounters with copyright law were confusing and frustrating, but also quite typical. The banality of his experiences captures the uncertainty and incoherence of copyright doctrine.
Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams
Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams
Stephen F Ross
This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze
Maryna Koberidze
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015
Pace Intellectual Property, Sports & Entertainment Law Forum
The staff of PIPSELF has worked diligently this year in selecting and preparing original and appealing articles concerning emerging issues in the fields of intellectual property, sports, and entertainment law for this issue. We welcome our readers to send comments and feedback: e-mail us at pipself@law.pace.edu, visit our Twitter @PIPSELF, or ‘like’ us on Facebook at “Pace Intellectual Property, Sports & Entertainment Law Forum.”
Andy Warhol’S Pantry, Brian L. Frye
Andy Warhol’S Pantry, Brian L. Frye
Law Faculty Scholarly Articles
This Article examines Andy Warhol’s use of food and food products as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should in-corporate a “Warhol test.”
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter
Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter
Megan M Carpenter
This project is an empirical analysis of trademarks that have received rejections based on the judgment that they are “scandalous." It is the first of its kind. The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act generally, this piece is the first scholarly project that engages an empirical analysis of 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. We study which marks are being rejected, what evidence is …
Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri
Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri
Honors Program Theses
This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.
We (Still) Need To Talk About Aereo: New Controversies And Unresolved Questions After The Supreme Court's Decision, Rebecca Giblin, Jane C. Ginsburg
We (Still) Need To Talk About Aereo: New Controversies And Unresolved Questions After The Supreme Court's Decision, Rebecca Giblin, Jane C. Ginsburg
Faculty Scholarship
Recent judicial interpretations of U.S. copyright law have prompted businesses to design technologies in ways that enable the making and transmission of copies of works to consumers while falling outside the scope of the owner's exclusive rights. The archetypal example is Aereo Inc.'s system for providing online access to broadcast television, which the Supreme Court has now ruled results in infringing public performances by Aereo.
In previous work we urged the Court to develop a principled reading of the transmit clause focusing on the particular use rather than on the technical architecture of the delivery service (Giblin & Ginsburg, "We …
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Promoting Progress: A Qualitative Analysis Of Creative And Innovative Production, Jessica Silbey
Faculty Scholarship
This chapter is based on data collected as part of a larger qualitative empirical study based on face-to-face interviews with artists, scientists, engineers, their lawyers, agents and business partners. Broadly, the project involves the collecting and analysis of these interviews to understand how and why the interviewees create and innovate and to make sense of the intersection between intellectual property law and creative and innovative activity from the ground up. This chapter specifically investigates the concept of “progress” as discussed in the interviews. “Promoting progress” is the ostensible goal of the intellectual property protection in the United States, but what …
For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg
For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg
Georgia Journal of International & Comparative Law
No abstract provided.
Reforming Copyright Interpretation, Zahr K. Said
Reforming Copyright Interpretation, Zahr K. Said
Zahr K Said
This Article argues that copyright law needs to acknowledge and reform its interpretive choice regime. Even though judges face potentially outcome-determinative choices among competing sources of interpretive authority when they adjudicate copyrightable works, their selection of interpretive methods has been almost entirely overlooked by scholars and judges alike. This selection among competing interpretive methods demands that judges choose where to locate their own authority: in the work itself; in the context around the work, including its reception, or in the author’s intentions; in expert opinions; or in judicial intuition. Copyright’s interpretive choice regime controls questions of major importance for the …
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 …
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 2, Spring 2014
Pace Intellectual Property, Sports & Entertainment Law Forum
This issue of Pace Intellectual Property, Sports & Entertainment Law Forum includes articles on the modern legal issues & developments affecting fashion, the Internet, music, film, international sports, constitutional law & the lives of celebrities.
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Jennifer Riso
The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Starting in the 1990s, Federal policy has moved in the direction of a market-oriented approach towards sound recording rights, beginning with Congress’ decision to create a sound recording performance copyright in 1995. In 1998, Congress provided that most statutory royalty rates, including the rates paid by webcasters like Pandora Radio, would be set using a market-based “willing buyer, willing seller” (“WBWS”) standard. Since then, the WBWS standard has been applied in several rate setting proceedings, but complaints from webcasters that the rates were “too high” have led to Congressional intervention and, ultimately, to adoption of rates below market levels. Now, …
On Aereo And "Avoision", Rebecca Giblin, Jane C. Ginsburg
On Aereo And "Avoision", Rebecca Giblin, Jane C. Ginsburg
Faculty Scholarship
Avoision describes conduct which seeks to exploit 'the differences between a law's goals and its self-defined limits' – a phenomenon particularly apparent in tax law. This short paper explains how the technology company Aereo utilised avoision strategies in an attempt to design its way out of liability under US copyright law. The authors argue that existing formulations encourage such strategies by applying differently depending on how the transaction is structured, resulting in a wasteful devotion of resources to hyper-technical compliance with the letter rather than meaning and purpose of the law.?
The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley
The Empty Promise Of Vara: The Restrictive Application Of A Narrow Statute, David E. Shipley
Scholarly Works
The Visual Artists Rights Act (VARA) was enacted by Congress in 1990 in order to bring our laws into compliance with Article 6bis of the Berne Convention and to acknowledge that protecting moral rights will foster “a climate of artistic worth and honor that encourages the author in the arduous act of creation.” The passage of this legislation is said to show Congress’s “belief that the art covered by the Act ‘meet[s] a special societal need, and [its] protection and preservation serves an important public interest.’”
Notwithstanding these lofty statements about artistic worth, honor and encouraging creation, VARA is a …
Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin
Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin
Maxim Tsotsorin
Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a …
Book Review. Music & Copyright In America: Toward The Celestial Jukebox By Kevin Parks, Michelle M. Botek
Book Review. Music & Copyright In America: Toward The Celestial Jukebox By Kevin Parks, Michelle M. Botek
Articles by Maurer Faculty
No abstract provided.
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.
Rodolfo C. Rivas
The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de negocio innovadores …
Imagining The Law, Christine Farley
Imagining The Law, Christine Farley
Christine Haight Farley
Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …