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Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Philadelphia And Sports Law, Adam Epstein, Brian Halsey 2016 Central Michigan University

Philadelphia And Sports Law, Adam Epstein, Brian Halsey

Adam Epstein

From birth to death and from race to Rocky, one would be hard-pressed to demonstrate that a city has had more of a cultural and legal impact on sports generally and sports law specifically than the city of Philadelphia. The purpose of this article is to introduce Philadelphia-based cases and incidents that have influenced sports law, sometimes at a national level. This piece serves historical, legal and pedagogical purposes, and we hope it will also serve as a springboard to further research regarding the City of Brotherly Love. Tort law and the criminal law are the most prevalent cases within ...


Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall 2016 University of Georgia School of Law

Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall

Journal of Intellectual Property Law

No abstract provided.


Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious 2016 University of Georgia School of Law

Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious

Journal of Intellectual Property Law

No abstract provided.


We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton 2016 University of Georgia School of Law

We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton

Journal of Intellectual Property Law

No abstract provided.


Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi 2016 University of Georgia School of Law

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard 2016 University of Georgia School of Law

Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard

Journal of Intellectual Property Law

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler 2016 University of Georgia School of Law

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts 2016 University of Georgia School of Law

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.


"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay 2016 University of Georgia School of Law

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.


The Ttab's Dangerous Dismissal Of 'Doubt', Charles E. Colman 2016 NYU School of Law

The Ttab's Dangerous Dismissal Of 'Doubt', Charles E. Colman

Charles Colman

On September 30, 2013, the Trademark Trial and Appeal Board issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations. The TTAB gives its imprimatur to the dubious “trade dress” at issue in Bottega Veneta through procedural tactics whose novelty and import have gone largely unacknowledged — specifically, (1) the Board’s declaration of its intention to resolve “doubts” as to aesthetic ...


Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein 2016 Central Michigan University

Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players were employees of the institution and could unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision - at that time - was that it could redefine the principle that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding was whether the Internal Revenue Service (IRS) could logically continue to ...


Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman 2016 University of Miami Law School

Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman

University of Miami Law Review

This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without ...


United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake Markus 2016 University of Miami Law School

United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake Markus

University of Miami Inter-American Law Review

This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal ...


Recent Decisions: Motion Picture Censorship, 2016 St. John's University School of Law

Recent Decisions: Motion Picture Censorship

The Catholic Lawyer

No abstract provided.


Videotaped Confessions And The Genre Of Documentary, Jessica Silbey 2016 Suffolk University School of Law

Videotaped Confessions And The Genre Of Documentary, Jessica Silbey

Jessica Silbey

No abstract provided.


The Mythical Beginnings Of Intellectual Property, Jessica M. Silbey 2016 Suffolk University

The Mythical Beginnings Of Intellectual Property, Jessica M. Silbey

Jessica Silbey

It has become commonplace to justify intellectual property protection with homage to utilitarianism (maximizing the incentive to create, invent or produce quality goods) or natural rights (people should own the product of their creative, inventive or commercial labor). Despite the on-going dominance of these theories, there remains a dissatisfying lack of a comprehensive explanation for the value of intellectual property protection. This is in part because the economic analysis of law tends to undervalue the humanistic element of intellectual property. This Article aims to fill that void. It offers a new explanation for intellectual property rooted in narrative theory. Whereas ...


Images In/Of Law, Jessica M. Silbey 2016 Suffolk University

Images In/Of Law, Jessica M. Silbey

Jessica Silbey

The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and ...


Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche 2016 Pace University

Copyrightability Of Music Compilations And Playlists: Original And Creative Works Of Authorship?, Marc A. Fritzsche

Pace Intellectual Property, Sports & Entertainment Law Forum

Music compilations and playlists have a common nucleus of an act of gathering songs and ordering them. Their selection and arrangement can be decisive of the success and therefore can be valuable. And here is where the legal issues about their ownership arise: Are music compilations and playlists protectable under the regime of Copyright Law? This article will discuss the legal and practical issues connected with that question. Thereby, it will consider the United States, Europe in general and also the United Kingdom and Germany in particular. The individual legal systems and statutes will be analyzed, as well as the ...


The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore 2016 Monroe College

The Chicago Cubs From 1945: History’S Automatic Out, Harvey Gilmore

Pace Intellectual Property, Sports & Entertainment Law Forum

Since 1945, many teams have made it to the World Series and have won. The New York Yankees, Philadelphia/Oakland Athletics, and St. Louis Cardinals have won many. The Boston Red Sox, Chicago White Sox, and San Francisco Giants endured decades-long dry spells before they finally won the World Series. Even expansion teams like the New York Mets, Toronto Blue Jays, Kansas City Royals, and Florida Marlins have won multiple championships. Other expansion teams like the San Diego Padres and Texas Rangers have been to the Fall Classic multiple times, although they did not win. Then we have the Chicago ...


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