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

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 ...


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

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 ...


"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein 2014 SelectedWorks

"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the Chicago district (Region 13) of the National Labor Relations Board (NLRB) ruled that Northwestern University football players qualify as employees and can unionize and bargain collectively, a decision which contravenes the National Collegiate Athletic Association’s (NCAA) core principle of amateurism. Shortly after, Northwestern University filed an appeal with the NLRB in Washington, D.C. to quash the prior Region 13 decision. This case has added fuel to the longstanding debate over whether student-athletes should be paid. Amidst arguments both for and against supporting the pay-for-play model from a purely compensatory stance, there has been ...


Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum 2014 Pepperdine University

Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum

Pepperdine Dispute Resolution Law Journal

This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including ...


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware III 2014 University of Georgia School of Law

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin 2014 University of Georgia School of Law

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.


Intellectual Property, Marathons, And Other Running Events, John C. Zwisler 2014 SelectedWorks

Intellectual Property, Marathons, And Other Running Events, John C. Zwisler

John C Zwisler

No abstract provided.


Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston 2014 University of Georgia School of Law

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates 2014 University of Georgia School of Law

Making The Game Beautiful Again: Lessons From Brazil Provide A Roadmap For Rebuilding Soccer In Nigeria, John Cates

Georgia Journal of International & Comparative Law

No abstract provided.


Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock 2014 University of Georgia School of Law

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 2014 Western University

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein 2014 University of Georgia School of Law

Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein

Georgia Journal of International & Comparative Law

No abstract provided.


Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram 2014 SelectedWorks

Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram

Hadar Aviram

On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory ...


A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. McFarlin, Joshua Lee 2014 SelectedWorks

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics ...


The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze 2014 SelectedWorks

The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze

Adam Epstein

The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause ...


Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman 2014 SelectedWorks

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 cramped ...


Stepping Up To The Plate: Can The City Of San Jose Overcome Baseball's Antitrust Exemption?, John Becker 2014 Villanova University School of Law

Stepping Up To The Plate: Can The City Of San Jose Overcome Baseball's Antitrust Exemption?, John Becker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Where Is The Awareness In Concussion Awareness: Can Concussed Players Really Assume The Risk In A Concussed State?, Heather MacGillivray 2014 Villanova University School of Law

Where Is The Awareness In Concussion Awareness: Can Concussed Players Really Assume The Risk In A Concussed State?, Heather Macgillivray

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich 2014 Villanova University School of Law

Who Let The Dogs Out: Should A Stadium Owner Be Held Liable For Injuries Sustained From A Mascot's Errant Hot Dog Toss?, Joshua D. Winneker, David Gargone, Sam C. Ehrlich

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Bargaining For The Next Gay Player: How Can Jason Collins Help To Develop The National Basketball Association Into A More Inclusive Workplace?, Timothy Galaz 2014 Villanova University School of Law

Bargaining For The Next Gay Player: How Can Jason Collins Help To Develop The National Basketball Association Into A More Inclusive Workplace?, Timothy Galaz

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


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