Tiktok The Musical: Copyright Issues Raised By The "Ratatouille" Musical,
2022
University of Washington School of Law
Tiktok The Musical: Copyright Issues Raised By The "Ratatouille" Musical, Paige V. Gagliardi
Washington Journal of Law, Technology & Arts
TikTok the Musical: Copyright Issues Raised by the “Ratatouille” Musical, explores the growing trend in derivative works and the failures of current copyright law to address it. This article asserts that while derivative works are excellent creative outlets, a safe haven in a tumultuous world, allowing appropriation of copyrights via the fair use doctrine conflicts with the foundations of copyright law. This article argues that IP giants such as the Walt Disney Company have sent a dangerous message to the general public by allowing the TikTok trend of the #ratatouillemusical to become an actual musical: that unlicensed derivative works …
"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining,
2022
Pepperdine University
"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova
Pepperdine Dispute Resolution Law Journal
Because the legislature and judiciary have failed to protect recording artists’ interests, this article proposes that engaging in collective bargaining will re-balance the bargaining positions of the major record labels and recording artists to create a mutually beneficial agreement that gives recording artists a termination of rights clause that mirrors section 203 of the 1976 Copyright Act. By contracting with a major record label, recording artists are automatically eligible for union membership to the Screen Actors Guild-American Federation of Television and Radio Artists union (“SAG-AFTRA”), who have experience negotiating other collective-bargaining agreements with these record labels. This agreement would provide …
The Future Of Name, Image, And Likeness In Advertising,
2022
Louisiana State University
The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss
LSU Master's Theses
This study explores the unique intersection of the law and the theories of communication related to a student athlete’s ability to receive compensation based off their name, image, and likeness (NIL). The purpose of this study is to understand the future of NIL legislation application as it relates to emerging media and student-athletes’ privacy interests in order to better understand influencer marketing and the impact new legislation will have on student-athlete brand deals. Through a series of semi-structured, in-depth interviews, I explored industry trends in NIL as it relates to brand partnerships and advertising, focusing on key players, methods, and …
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry,
2022
University of Miami School of Law
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross
University of Miami Business Law Review
The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with an intent to …
Sound Familiar? Digital Sampling Is Taking Center Stage,
2022
University of Miami Law School
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
University of Miami Business Law Review
In 2018, Kendrick Duckworth, better known by his stage-name Kendrick Lamar, became the first non-classical or jazz musician to win the Pulitzer Prize in Music. Equally as surprising, the album contained a magnitude of digital sampling. As digital sampling has become more prevalent since the 1980’s, courts have differed on how to handle the issue. By 2016, the Sixth and Ninth Circuit Courts of Appeals established a circuit split on the issue, with one holding that unlicensed digital sampling is per se unlawful, and the other holding that a more lenient test is needed. Courts have continued to struggle with …
Conor Delehanty Is A Standup Guy,
2022
Maurer School of Law - Indiana University
Conor Delehanty Is A Standup Guy, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism,
2022
James Madison University
The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch
Senior Honors Projects, 2020-current
This paper examines the progression of the intercollegiate athletic space, from a small regatta in 1852 to the massive athletic environment we know now in contemporary society. It finds the National Collegiate Athletic Association snared in a trap of circular logic that has been closing in on it since its conception, as it has defined collegiate athletes as amateurs and then proceeded to argue for amateur status for those athletes because of the definition that it wrote. This paper concludes in its final two chapters, after analyzing the recent Supreme Court case NCAA v. Alston, and the Name, Image, and …
The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts,
2022
University of Mississippi
The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos
Honors Theses
In the age of social media influencers turning social media platforms into jobs– monetizing pictures of their cats, dancing for dollars, or even making a mockery of themselves for fame and money, the question of whom to trust or distrust has become increasingly important among consumers. As more brands are starting to collaborate with influencers, it is essential to acknowledge the current relationship among all parties involved, including the Federal Trade Commission. There is currently a blurred line among trust, distrust, authenticity, and reliability during sponsorships. The common question among consumers is whether social media influencers believe in the brand …
America’S Race-Based Caste Structure: Its Impact In College And Professional Sports,
2022
Wake Forest University
America’S Race-Based Caste Structure: Its Impact In College And Professional Sports, Timothy Davis
Texas A&M Law Review
Racial inequities in college and professional sports remain prevalent and persistent despite the awareness of such inequities by those with the power to effectuate change. This Article proposes that explanations frequently offered for the slow pace of progress often fail to account for the hierarchy derived from a race-based caste system embedded in American society. Relying on the work of author Isabel Wilkerson, Part II describes major pillars of America’s race-based caste structure. Part III examines how stereotypes of Blacks’ presumed intellectual inferiority and a lack of fitness for leadership roles adversely impact their access to positions of power in …
Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions,
2022
Villanova University Charles Widger School of Law
Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens
Villanova Law Review
No abstract provided.
Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes,
2022
University of St. Thomas, Minnesota
Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes, Jesse Addo
University of St. Thomas Law Journal
No abstract provided.
Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money,
2022
Villanova University Charles Widger School of Law
Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Joyriding With Peloton: How Virtual Fitness Classes Can Violate Federal Copyright Law,
2022
Villanova University Charles Widger School of Law
Joyriding With Peloton: How Virtual Fitness Classes Can Violate Federal Copyright Law, Mary Katherine Raczka
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Life Lesson: If You Place A Wager On April Fool's Day, You Cannot Be Surprised When The Final Outcome Is A Joke,
2022
Villanova University Charles Widger School of Law
Life Lesson: If You Place A Wager On April Fool's Day, You Cannot Be Surprised When The Final Outcome Is A Joke, Katherine Smith
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated,
2022
Villanova University Charles Widger School of Law
Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021),
2022
DePaul University College of Law
Ayla Llc V. Alya Skin Pty. Ltd., 2021 Wl 38233624 (9th Cir. Aug. 27, 2021), Liya Levin
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Andy Warhol Foundation V. Goldsmith,
2022
DePaul University College of Law
Andy Warhol Foundation V. Goldsmith, Alyssa Weitkamp
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions,
2022
DePaul University College of Law
Google V. Oracle: The Recent Supreme Court Decision, How It Highlights The Inadequacies Of Shoehorning New Technology Into Intellectual Property Law, And Possible Solutions, Claire Price
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms,
2022
DePaul University College of Law
Updating The Section 230 Safe Harbor Provision In A New Age Of Social Media Platforms, Arnold Owusu
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade,
2022
ELTE Eötvös Loránd University, Budapest
The Global Pandemic As An Opportunity: Towards A Cutting-Edge Legal ‘App’ For Online Art Trade, Tamás Szabados
DePaul Journal of Art, Technology & Intellectual Property Law
The COVID-19 pandemic gave a boost to illegal excavations, thefts and illicit trafficking of cultural objects. The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects answers this problem by providing for the return of stolen and illegally exported cultural objects. The COVID-19 pandemic has created a new era of art trade. Due to the lockdown measures, art trade has been compelled to move to online platforms and this seems to be an irreversible change. UNIDROIT and its partner organisations have to consider the global health crisis as an opportunity to find adequate legal answers to the challenges of the …