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Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell 2015 SelectedWorks

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

Julian Dibbell

When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the ...


Andy Warhol’S Pantry, Brian L. Frye 2015 University of Kentucky College of Law

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.”


, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta 2015 Atlanta's John Marshall Law School

, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta

Jeffrey A. Van Detta

This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about "law schools of the future":

“Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.”

This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education ...


Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter 2015 Texas A&M University School of Law

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 ...


Common Law Marriage In "Measure For Measure", Lawrence N. Weiss J.D. (Columbia 1966) 2015 SelectedWorks

Common Law Marriage In "Measure For Measure", Lawrence N. Weiss J.D. (Columbia 1966)

Lawrence N Weiss J.D. (Columbia 1966)

This paper explores the confusing expressions of the elements of "common law marriage" in Shakespeare's "Measure for Measure," its sources and its progeny, and reaches the surprising conclusion that Elizabethan/Jacobean law might not have been as we commonly understand it and as Blackstone summarized it.


The Right To Read, Lea Shaver 2015 Indiana University - Robert H. McKinney School of Law

The Right To Read, Lea Shaver

Lea Shaver

Reading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right?

Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in international law ...


Making A Mark: Taking A Glance At Trademarks And Graphic Infringement, Heather S. Ray 2015 California Western School of Law

Making A Mark: Taking A Glance At Trademarks And Graphic Infringement, Heather S. Ray

Heather S Ray

No abstract provided.


Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez 2015 Cleveland State University

Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez

Law Faculty Briefs

Amici urge affirmance for three principal reasons. First, we elaborate a point to dispel Appellant's suggestion that antitrust somehow does not belong here. Second, we show that ordinary rule of reason treatment was appropriate. Relying rather daringly on a case that it overwhelmingly lost, Appellant asks this Court to find within NCAA v. Board of Regents of Univ. of Okla., 468 U. S. 85 (1984), a rule that its "amateurism" or "eligibility" restraints are "valid...as a matter of law." NCAA Br. at 14, 22. Board of Regents did not say that, and even Appellant's own amici admit ...


Silent Similarity, Jessica Litman 2015 University of Michigan

Silent Similarity, Jessica Litman

Jessica Litman

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 ...


Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente 2015 Barry University

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how attorneys deal with ethical conflicts throughout their careers. The paper also incorporates the use of the films The Devil's Advocate and Counsellor at Law and how the attorneys in these films deal with the pressures of being an attorney. Popular culture portrays attorneys in a specific light and exemplifies the struggles they endure while advancing their careers.


Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau 2015 Georgia State University College of Law

Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau

Faculty Publications By Year

As "fair use" has become more common as a defense to copyright infringement, often successfully, it has not gained any ground in cases involving music sampling. In the years since Campbell v. Acuff-Rose Music, Inc., we have seen the introduction of "transformative use" to fair use analysis. "Transformative use" has led to the holdings that thumbnail reproductions of photographs, parodies of novels, parodies of advertisements, changed artworks, the inclusion of legal briefs in searchable databases, the inclusion of music in film, and the mass digitization of millions of books are all "fair use." Almost every day we read of another ...


Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat 2015 The John Marshall Law School

Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat

The John Marshall Review of Intellectual Property Law

What started out as a law school requirement quickly snowballed into an analysis of the relationship between intellectual property and cultural heritage. I am a music guy at heart, having played piano since I was five years old, having composed one song (after multiple tries), and now working directly with musicians and artists. So when I began researching a topic for an article that would connect the dots between the cultural heritage and its respective music, I could only come across legal doctrine and articles that focused heavily on tangible art and artifacts. So what happened to the music? After ...


Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel 2015 The John Marshall Law School

Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel

The John Marshall Review of Intellectual Property Law

The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations ...


Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis 2015 Western New England College School of Law

Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis

Faculty Scholarship

Today there is an enormous gender disparity among collegiate head coaches and athletic administrators in the United States. Women fill less than a quarter of head coach and athletic director positions in college athletics and are even minorities among coaches of women's teams. Few other professions are as impervious to gender integration. Leadership in college athletics is, in the words of one scholar, one of the "few male bastions remaining," which raises the question: Why are women so starkly underrepresented in leadership positions within college athletics? There is no easy answer, but rather a variety of factors that exclude ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further ...


Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente 2014 Barry University

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.


Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna 2014 The Catholic University of America, Columbus School of Law

Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels 2014 The Catholic University of America, Columbus School of Law

Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk 2014 University of Massachusetts School of Law

Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk

University of Massachusetts Law Review

In some cases, singers have been able to vindicate property rights in their identities when advertisers have featured sound-alike singers in commercials. However, there is no case law to support that an instrumental musician can protect herself from an advertiser imitating the characteristic sound of her playing. This Comment will explore whether and how the law should protect “musical identities”, particularly when the plaintiff is an instrumental musician rather than a singer.


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