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"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman 2018 Seattle University School of Law

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used ...


Indigenous Appropriation And Protections Provided By Intellectual Property Law, KaDeidra Baker 2018 North Carolina Central University School of Law

Indigenous Appropriation And Protections Provided By Intellectual Property Law, Kadeidra Baker

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez 2018 North Carolina Central University School of Law

Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.


How Dangerous Are Youth Sports For The Brain? A Review Of The Evidence, Carly Rasmussen, Sydney Diekmann, Christine Egan, Tyler Johnson, Francis X. Shen 2018 University of Minnesota

How Dangerous Are Youth Sports For The Brain? A Review Of The Evidence, Carly Rasmussen, Sydney Diekmann, Christine Egan, Tyler Johnson, Francis X. Shen

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Fair Use Avoidance In Music Cases, Edward Lee 2018 Chicago-Kent College of Law

Fair Use Avoidance In Music Cases, Edward Lee

Boston College Law Review

This Article provides the first empirical study of fair use in cases involving musical works. The major finding of the study is surprising: despite the relatively high number of music cases decided under the 1976 Copyright Act, no decisions have recognized non-parody fair use of a musical work to create another musical work, except for a 2017 decision involving the copying of a narration that itself contained no music (and therefore might not even constitute a musical work). Thus far, no decision has held that copying musical notes or elements is fair use. Moreover, very few music cases have even ...


2018 Masthead, 2018 Berkeley Law

2018 Masthead

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Lessons From Hollywood Cybercrimes: Combating Online Predators, Robert Kang 2018 Berkeley Law

Lessons From Hollywood Cybercrimes: Combating Online Predators, Robert Kang

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Little Bits Can’T Be Wrong: The De Minimis Doctrine In The Context Of Sampling Copyright-Protected Sound Recordings In New Music, Christopher J. Norton 2018 Berkeley Law

Little Bits Can’T Be Wrong: The De Minimis Doctrine In The Context Of Sampling Copyright-Protected Sound Recordings In New Music, Christopher J. Norton

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


How To Protect Orphan Film, Yinghua Li 2018 Berkeley Law

How To Protect Orphan Film, Yinghua Li

Berkeley Journal of Entertainment and Sports Law

No abstract provided.


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower 2018 Saint Louis University

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Henry M. Ordower

No abstract provided.


Screening Justice In "The Accused" (1988), Sherri L. Burr 2018 University of New Mexico - Main Campus

Screening Justice In "The Accused" (1988), Sherri L. Burr

Sherri L. Burr

Screening Justice is designed to tell the complex story of law through an exploration of forty films focusing upon courtroom dramas, social issues and questions of justice. These motion pictures are evaluated by distinguished scholars who, using a range of narrative styles, compare the law on the screen and the law in action. The work serves as a guide to understanding law, the rhetoric of law and images of justice. The book will introduce readers to new films as well as help create new perspectives on familiar classic movies.


Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman 2018 Brooklyn Law School

Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact ...


Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey 2018 Brooklyn Law School

Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey

Brooklyn Journal of International Law

Following the investigation of a Russian state-sponsored doping ploy prior to the Olympic Games in Rio 2016; the International Olympic Committee (IOC) decided against a blanket ban of the Russian Olympic team. Instead; it allowed athletes’ individual international federations to decide whether Russian athletes could compete. In following the various anti-doping laws in place; the IOC sought to protect and give justice to clean athletes around the world. This Note argues that they did not achieve this result; due to the anti-doping laws in place and the actors applying these laws. It suggests that there should be a universal anti-doping ...


Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal 2018 University of Missouri School of Law

Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal

The Business, Entrepreneurship & Tax Law Review

The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, and limits on the share of grosses. Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that ...


Doping Appeals At The Court Of Arbitration For Sport: Lessons From Essendon, David Mahoney 2018 Boston College Law School

Doping Appeals At The Court Of Arbitration For Sport: Lessons From Essendon, David Mahoney

Boston College Law Review

In recent years, there has been an increase in the growth of the sports industry globally. With it has come the growth of global sports arbitration. The Court of Arbitration for Sport (“CAS”), created in part because of the increase in sport-related arbitration, is designed to promote efficiency and uniformity in the resolution of disputes. Despite the noteworthy objectives of the CAS, recent developments, such as the supplement scandal surrounding the Essendon Football Club of the Australian Football League, highlight the pressure that endures between individual athletes and sport governing bodies. This pressure is especially clear in instances where athletes ...


Sports Betting, Federalism And The Constitution, John M. Greabe 2018 University of New Hampshire School of Law

Sports Betting, Federalism And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] Justice Sandra Day O'Connor has described federalism - how the Constitution divides powers between the federal government and the states - as "perhaps our oldest question of constitutional law."

This past week, the United States Supreme Court returned to this oldest of constitutional questions to strike down a federal law that had prohibited stats from authorizing betting on competitive sporting events.


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips 2018 University of Pennsylvania Law School

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...


You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith 2018 Cleveland-Marshall College of Law

You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith

Cleveland State Law Review

Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to ...


Collection And Ownership Of Minor League Athlete Activity Biometric Data By Major League Baseball Franchises, Nicholas Zych 2018 DePaul University

Collection And Ownership Of Minor League Athlete Activity Biometric Data By Major League Baseball Franchises, Nicholas Zych

DePaul Journal of Sports Law

No abstract provided.


The Muhammad Ali Expansion Act: The Rise Of Mixed Martial Arts And The Fight That Lies Ahead, Brandon Weber 2018 DePaul University

The Muhammad Ali Expansion Act: The Rise Of Mixed Martial Arts And The Fight That Lies Ahead, Brandon Weber

DePaul Journal of Sports Law

No abstract provided.


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