Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure,
2014
Brigham Young University Law School
Title Ix And The Dear Colleague Letter: An Ounce Of Prevention Is Worth A Pound Of Cure, Nick Rammell
Brigham Young University Education and Law Journal
No abstract provided.
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing,
2014
Columbia University
Reconciling Original With Secondary Creation: The Subtle Incentive Theory Of Copyright Licensing, Yafit Lev-Aretz
Yafit Lev-Aretz
Copyright literature has been long familiar with the lack of licensing choices in various creative markets. In the absence of a lawful licensing alternatives, consumers of works as well as secondary creators wishing to use protected elements of preexisting works are often left with no choice but to either infringe on the copyright of the rightholder or refrain from the use. As further creation is regularly impeded, the dearth of licensing greatly conflicts with the utilitarian foundation of copyright and its constitutional goal to promote creative progress. Legal scholarship has submitted various recommendations in response to the licensing failure, homing …
When Men Were Men,
2014
Northeastern University
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense,
2014
Selected Works
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits …
Panel I: The Future Of Sports Television,
2014
Boston University School of Law
Panel I: The Future Of Sports Television, Ronald Cass, Mark Abbott, Irwin Kishner, Brad Ruskin
Ronald A. Cass
No abstract provided.
Bias In The College Football Playoff Selection Process: If The Devil Is In The Details, That's Where Salvation May Be Found,
2014
Charlotte School of Law
Bias In The College Football Playoff Selection Process: If The Devil Is In The Details, That's Where Salvation May Be Found, Matthew M. Heekin, Bruce W. Burton
Matthew M. Heekin
After sixteen years, the Bowl College Series (“BCS”) format for selecting a national college football champion has ended. Beginning in 2014, the BCS format will be replaced by the College Football Playoff (“CFP”) format. Unlike the BCS, which utilized a formula comprised of two human polls and one computer generated poll to match the number one ranked college football team against the number two ranked team, the CFP utilizes a four team playoff in post-season play. Without quantified standards or computer input, a CFP selection committee comprised of thirteen people will annually select four finalists to participate in two semi-final …
Change The Rules Of The Games,
2014
Northeastern University
Applying The Non-Profit Duty Of Obedience In Litigation: Penn State, Paterno, Student-Athletes, & The Ncaa,
2014
Mount Olive College
Applying The Non-Profit Duty Of Obedience In Litigation: Penn State, Paterno, Student-Athletes, & The Ncaa, Joseph M. Long
Joseph M Long
The fiduciary duty of obedience standard for non-profit leaders may offer a means to either externally challenge or internally refocus the decision-making of the NCAA leadership. The duty of obedience standard, as a tool in litigation, has been infrequently used. Nevertheless, a duty of obedience claim, if brought by the proper party, can complement or enhance an antitrust claim. As this paper will show, NCAA antitrust arguments often consider whether the NCAA has promoted amateur intercollegiate athletic competition. These arguments focus upon the NCAA’s mission statement and purpose. Since the mission statement is already a component of the antitrust litigation, …
The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries,
2014
Marquette University Law School
The Court Of Arbitration For Sport And Its Global Jurisprudence: International Legal Pluralism In A World Without National Boundaries, Matthew J. Mitten
Matt Mitten
This article considers an issue of global importance that has received little scholarly attention: whether the Court of Arbitration for Sport (CAS), whose developing body of lex sportiva is a form of international legal pluralism, provides an appropriate level of procedural fairness and substantive justice to the world’s athletes, who are subject to its jurisdiction as a condition of their participation in Olympic and international sports competition. It provides an overview of the CAS arbitration system and the very limited scope of national judicial review of its arbitration awards decisions. It concludes that the CAS is a procedurally fair private …
Modding: Amateur Authorship And How The Video Game Industry Is Actually Getting It Right,
2014
Brigham Young University Law School
Modding: Amateur Authorship And How The Video Game Industry Is Actually Getting It Right, Ryan Wallace
BYU Law Review
No abstract provided.
Conception To Distribution: Vertical Integration In The Television Production And Isp Industry ,
2014
Pepperdine University
Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert
The Journal of Business, Entrepreneurship & the Law
The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals. First, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as they have the opportunity to gain popularity through social media networks and word of mouth, the healthy competition seen in the former entertainment industry is …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders,
2014
Texas State University
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Stabilizing Morality In Trademark Law,
2014
American University Washington College of Law
Stabilizing Morality In Trademark Law, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing,
2014
UC Law SF
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
UC Law SF Communications and Entertainment Journal
There is a fundamental inconsistency in the current political fairness and access rules for U.S. broadcasting. While political candidates enjoy a long-standing right of access to broadcast stations to express their views and attack and answer attacks from opponents, stations have no obligation to be fair to noncandidate citizens who may be personally attacked, nor to make any good-faith effort to present opposing views on controversial public issues. However, this has not always been the case. Under the Fairness Doctrine, in place from 1949 to 1987, broadcasters were expected to present controversial issues of public importance and provide reasonable opportunity …
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing,
2014
UC Law SF
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
UC Law SF Communications and Entertainment Journal
This note examines the possibility of a unified transnational licensing system for digital streaming services. The note reviews the development of current streaming services and their individual struggles with domestic copyright law as a barrier to entry to new markets. The note draws a connection between the rise of streaming services and the reduction in piracy in certain regional markets. Finally, the note analyzes previous approaches to multinational licensing and uses these current streaming services in case studies to exemplify how successful a global licensing syndicate would be.
Copyright And Choreography: The Negative Costs Of The Current Framework For Licensing Choreography And A Proposal For An Alternative Licensing Model, Matt Kovac
UC Law SF Communications and Entertainment Journal
Although approaches rooted in copyright law are available, choreographers tend to rely instead on contract law in order to control distribution of their work; choreographers license their ballets to dance companies via contracts which are typically negotiated on an ad hoc basis. This relatively conservative approach allows choreographers to maintain tight artistic control over subsequent reproductions of their ballets, but it comes at a cost to both the dance community and the general public. This conservative approach to distribution means that a choreographic work may be performed infrequently or not at all, and it also forecloses the possibility for transformative …
Concussions And Sports: Introduction,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Concussions And Sports: Introduction, David Orentlicher
Scholarly Works
No abstract provided.
Racial Upside: Deconstructing The "Merits" Of Jeremy Lin's Nba Contract,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Racial Upside: Deconstructing The "Merits" Of Jeremy Lin's Nba Contract, Stewart Chang
Scholarly Works
In this Article, Professor Stewart Chang disputes the common misperception that sports are a colorblind meritocracy that should serve as a model for the rest of society. The capacity of players to break into and succeed in professional sports is believed to be based purely on merit, with no consideration of race. Controversies that surfaced around the rise of professional basketball player Jeremy Lin, an Asian American not expected to succeed in a sport dominated by blacks and whites, challenged this popularly-held notion. He argues, not in a derisive way, that Lin's ability to secure a lucrative $28.8 million contract, …
Biediger V. Quinnipiac University,
2014
New York Law School, 2014
Biediger V. Quinnipiac University, Kiersten Mckoy
NYLS Law Review
No abstract provided.
Chapter 438: Giving California A Competitive Edge As A
Breeders’ Cup Venue,
2014
Pacific McGeorge School of Law
Chapter 438: Giving California A Competitive Edge As A Breeders’ Cup Venue, Jacquelyn Loyd
McGeorge Law Review
No abstract provided.
