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Full-Text Articles in Intellectual Property Law
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
Fordham Intellectual Property, Media and Entertainment Law Journal
Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use …
Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren
Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren
Fordham Intellectual Property, Media and Entertainment Law Journal
Many major sports leagues including the National Football League, Major League Baseball, and Ultimate Fighting Championship have consistently used the Digital Millennium Copyright Act (“DMCA”) to remove user-created GIFs, Vines, and related content that make use of the leagues’ copyrighted broadcast material on Twitter. This Article analyzes Twitter users’ right of fair use in the leagues’ copyrighted material, while suggesting that sports leagues and their agents may not be following the Ninth Circuit’s Lenz v. Universal Music Corp.decision, which requires copyright owners to consider fair use before submitting DMCA takedown notices. Sports leagues’ protocol and actions towards GIFs and Vines …
“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates
“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates
Fordham Intellectual Property, Media and Entertainment Law Journal
Part I introduces the concept of viral content farming, examines its origins, points out how it differs from aggregation, and consid-ers the purpose behind the practice. The Part looks at how compa-nies such as Google and Facebook have responded, and examines the overall impact on journalism and the Internet. Part II presents a possible ethical solution within the journalism industry and consid-ers resolutions in the law by describing the “hot news” misappro-priation doctrine and copyright law. Part III scrutinizes three pro-posals and discusses why copyright law is the most appropriate solution to the problem, then analyzes content farming within the …
The Lost Language Of The First Amendment In Copyright Fair Use: A Semiotic Perspective Of The “Transformative Use” Doctrine Twenty-Five Years On, David Tan
Fordham Intellectual Property, Media and Entertainment Law Journal
It has been twenty-five years since Judge Pierre Leval published his iconic article, “Toward a Fair Use Standard,” urging that courts adopt a new guiding principle of “transformative use” to determine whether an unauthorized secondary use of a copy-righted work is fair. The Supreme Court’s emphatic endorsement of this approach in 1994 has resulted in a remarkable judicial expansion of the transformative use doctrine which today covers virtually any “creation of new information, new aesthetics, new in-sights and understandings.” While the Supreme Court reiterated in Golan v. Holder in 2012 that the fair use defense is one of copyright law’s …
“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt
“I Have A [Fair Use] Dream”: Historic Copyrighted Works And The Recognition Of Meaningful Rights For The Public, Arlen W. Langvardt
Fordham Intellectual Property, Media and Entertainment Law Journal
Dr. Martin Luther King wrote and delivered his famous “I Have a Dream” speech more than fifty years ago. When he obtained copyright protection on the speech in 1963, Dr. King (and later his estate) would have expected the copyright to last a maximum of fifty-six years. That fifty-six-year copyright has become a ninety-five-year copyright, thanks to lengthy duration extensions enacted by Congress in the mid-1970s and late 1990s. As a result, the copyright on the “I Have a Dream” speech will not expire until the end of 2058. Because the Estate of Martin Luther King, Jr., Inc. and its …
Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz
Toward A Fair Use Standard Turns 25: How Salinger And Scientology Affected Transformative Use Today, Benjamin Moskowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.