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Intellectual Property Law Commons

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Entertainment, Arts, and Sports Law

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2009

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Articles 1 - 30 of 52

Full-Text Articles in Intellectual Property Law

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon Dec 2009

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha Dec 2009

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley Dec 2009

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt Dec 2009

I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano Dec 2009

Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips Oct 2009

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …


Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox Oct 2009

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel Oct 2009

From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg Oct 2009

Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher Oct 2009

The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack Oct 2009

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas Oct 2009

“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz Jul 2009

Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz

University of Miami Business Law Review

No abstract provided.


Panel Ii: The Attacks Upon Statutory Damages And The "Making Available" Right--The Possible After-Effects On Big And Small Business Litigation Strategies, David Opderbeck, Hugh C. Hansen, Sherwin `. Siy, Donald B. Verrilli Jun 2009

Panel Ii: The Attacks Upon Statutory Damages And The "Making Available" Right--The Possible After-Effects On Big And Small Business Litigation Strategies, David Opderbeck, Hugh C. Hansen, Sherwin `. Siy, Donald B. Verrilli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy Jun 2009

The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager Jun 2009

Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Guerrilla Video: Potential Copyright Liability For Websites That Index Links To Unauthorized Streaming Content, Jason J. Lunardi Jun 2009

Guerrilla Video: Potential Copyright Liability For Websites That Index Links To Unauthorized Streaming Content, Jason J. Lunardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The New Black: Trademark Protection For Color Marks In The Fashion Industry, Sunila Sreepada Jun 2009

The New Black: Trademark Protection For Color Marks In The Fashion Industry, Sunila Sreepada

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Cross-Licensing And Injunctions -- The Interplay Between Big Business, Small Business, And Non-Practicing Inventors, Katherine Strandburg, Lisa M. Ferri, John M. Griem, Jonathan Putnam Jun 2009

Panel I: Cross-Licensing And Injunctions -- The Interplay Between Big Business, Small Business, And Non-Practicing Inventors, Katherine Strandburg, Lisa M. Ferri, John M. Griem, Jonathan Putnam

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard Jun 2009

The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Better Late Than Never: The Legal Theoretical Reasons Supporting The Performance Rights Act Of 2009, Sunny Noh Apr 2009

Better Late Than Never: The Legal Theoretical Reasons Supporting The Performance Rights Act Of 2009, Sunny Noh

Buffalo Intellectual Property Law Journal

No abstract provided.


“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau Mar 2009

“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau

Fordham Intellectual Property, Media and Entertainment Law Journal

This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the fifty-year term to a ninety-five-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of the …


Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls Mar 2009

Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls

Fordham Intellectual Property, Media and Entertainment Law Journal

The convergence of intellectual property protections afforded software, the fundamental liberty interests of voting rights of Americans and the conduct of voting machine vendors within an oligopolistic marketplace signals grave consequences for the public. In an election, Direct Recording Electronic voting machines (“DREs”) could be subject to malfunctions, inaccuracies and security problems. The DRE vendors have consistently failed to improve the voting machines or allow access for independent auditing and security testing. The vendors have operated collectively to maintain current inefficient output quality. Acting in concert to obtain higher pricing, the vendors operate against their individual self-interests, claiming proprietary protections. …


Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling Mar 2009

Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid Mar 2009

Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley Mar 2009

Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis Mar 2009

Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton Jan 2009

What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton

UC Law SF Communications and Entertainment Journal

For years, the same governmental interests have been presented to justify prohibitions on same-sex marriage. Supporters of the ban argue that marriage promotes procreation and child-rearing, neither of which can supposedly be done within the confines of a same-sex relationship. This note suggests the movie I Now Pronounce You Chuck & Larry illustrates that in practice, these justifications have become antiquated. Instead of defining marriage as two individuals in a committed relationship, courts tend to inject social mores into their decisions regarding the legality of same-sex marriage.


C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann Jan 2009

C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann

UC Law SF Communications and Entertainment Journal

This note examines the friction between the First Amendment and the right of publicity by examining the case of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., a case regarding fantasy league baseball. This note begins by discussing the legacy of the right of publicity, the policy goals that the right of publicity was devised to further, and several different tests that courts have designed to balance the right of publicity with the rights guaranteed by the First Amendment. This note then goes on to illustrate the background of fantasy league baseball and critique the C.B.C. …


The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer Jan 2009

The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission regularly promotes the competitiveness of the American broadband market and the availability of robust services to consumers. Since 2000, the Commission has reported on broadband deployment by zip code, and by late 2006 broadband was supposedly available in 99% of American zip codes, with those zip codes representing 99% of the population. However, the viability of the FCC's zip code-based measurement methodology has long been a matter of controversy, because until recently broadband was counted as "available" in a zip code even if as few as one household in the area has obtained service. This paper …