John Marshall Law School
Georgetown University Law Center
Silent Similarity,
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 ...
Work Made For Hire – Analyzing The Multifactor Balancing Test,
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,
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,
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.
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film,
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,
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,
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,
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.
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications,
2014
University of San Diego
The Google Art Project: An Analysis From A Legal And Social Perspective On Copyright Implications, Katrina Wu
Katrina Wu
The Google Art Project is an ambitious attempt by Google to curate worldwide artwork online in the highest resolution possible. Google accomplishes this by partnering with museums where museums provide access to art collections and Google provides the technology to capture high quality images. Under this existing model, Google places the burden of copyright clearances on museums and removes images from online if requested by copyright owners. An endeavor like the Google Art Project is not unprecedented however, when Google attempted to put the world’s books online under the Google Books Project, scanning millions of titles and offering snippets ...
Hollywood Deals: Soft Contracts For Hard Markets,
2014
University of Southern California
Hollywood Deals: Soft Contracts For Hard Markets, Jonathan M. Barnett
University of Southern California Legal Studies Working Paper Series
Hollywood film projects involving significant capital investments regularly proceed on the basis of unsigned “deal memos” or draft agreements with uncertain legal enforceability. These “soft contracts” constitute a hybrid instrument adapted to the transactional hazards of an environment in which neither formal contract nor reputation effects can adequately specify and enforce parties’ commitments at any reasonable cost. Uncertainly enforceable contracts embed an implicit termination and renegotiation option that provides flexibility to respond to changed circumstances while maintaining a threat of legal liability that provides some transactional security. Evidence collected from litigation records, trade press coverage and field interviews show that ...
Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”,
2014
Pepperdine University
Is Internet Radio “Livin' On A Prayer”? With New Legislation, It “Will Make It, I Swear”, Kelsey Schulz
The Journal of Business, Entrepreneurship & the Law
This Comment discusses whether the IRFA would be the appropriate solution to the inequities in current copyright law as it pertains to digital music. Part I of this Comment will provide a more in-depth discussion of the history of copyright law and music distribution. It will examine the implications of the 1971 Sound Recording Act, the 1976 Copyright Act, and the Digital Performance Right in Sound Recordings Act of 1995. Part II will provide a critique of the current state of the law, including a look at the Digital Millennium Copyright Act of 1998 and its effects on the respective ...
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States,
2014
Capital University Law & Graduate Center
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York,
2014
Touro College Jacob D. Fuchsberg Law Center
Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights,
2014
Touro College Jacob D. Fuchsberg Law Center
Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani
Touro Law Review
No abstract provided.
Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990),
2014
University of Georgia School of Law
Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford
Georgia Journal of International & Comparative Law
No abstract provided.
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience,
2014
Saint Louis University
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower
Georgia Journal of International & Comparative Law
No abstract provided.
Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic,
2014
University of Georgia School of Law
Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic, Kirby Mitchell
Georgia Journal of International & Comparative Law
No abstract provided.
E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation,
2014
Seattle University School of Law
E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk
Seattle University Law Review
Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology ...
Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States,
2014
Touro College Jacob D. Fuchsberg Law Center
Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert
Touro Law Review
No abstract provided.
Refugee Law In Context: Natural Law, Legal Positivism And The Convention,
2014
Syracuse University
Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Isaac Kfir
The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis ...
