Marquette University Law School
Villanova University Charles Widger School of Law
Singapore Management University
City University of New York
Western State College of Law
"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception,
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,
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,
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,
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,
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
Lessons From Hollywood Cybercrimes: Combating Online Predators,
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,
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,
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,
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),
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
