Digital Commons Network^™

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

Privacy, Eh! The Impact Of Canada's Personal Information Protection And Electronic Documents Act On Transnational Business, Juliana M. Spaeth, Mark J. Plotkin, Sandra C. Sheets

Vanderbilt Journal of Entertainment & Technology Law

In 2002, the requirements imposed by PIPEDA will extend to encompass all personal health information. PIPEDA will ultimately extend to the collection, use, or disclosure of all personal information in the course of any commercial activity within a province in 2004. This change in Canadian law carries significant consequences for the general business practices of American companies that conduct, or may conduct, business with Canadians. It is therefore crucial for lawyers with clients collecting personal data on- and offline to familiarize themselves with its requirements in order to counsel clients effectively about their current and future obligations under this privacy …

End Game: Ex Parte Seizure Process And The Battle Against Bootleggers, Lucas G. Paglia, Mark A. Rush

Vanderbilt Journal of Entertainment & Technology Law

This Article presents a broad overview of the exparte seizure process, what it is and how it can be deployed by trademark owners to shut down counterfeiters. It first discusses the general structure and mechanics of the TCA. It then proceeds to discuss some important areas of practical concern with respect to proceedings under the Act. The Article concludes by providing a hypothetical case study of the ex parte seizure process in action.

The Peer-To-Peer Revolution: A Post-Napster Analysis Of The Rapidly Developing File Sharing Technology, Joseph A. Sifferd

Vanderbilt Journal of Entertainment & Technology Law

This Note will focus on A&M Records, Inc. v. Napster, Inc. and will include an analysis of copyright law applicable to the legality of the incipient peer-to-peer file-sharing technology. The first section provide a brief factual history and introduction to the Napster legal discussion. The second Section of this Note will include a survey of relevant copyright doctrines, followed by a discussion of the Ninth Circuit's analysis of these doctrines as applied to the facts presented in "Napster." Finally, I will address the future of the peer-to-peer phenomenon, including a review and analysis of different types of peer-to-peer networks that …

The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the recent investigation conducted by the Federal Trade Commission ("FTC" or "Commission") and its 2001 Follow-Up to that inquiry. The September 2000 Report ("Report") concluded that the entertainment industry intentionally and aggressively advertises both R and PG-13 movies to children under the age of 18. As a solution, the FTC recommended self-regulation by the entertainment industry. The 2001 Follow-Up to the Report ("Follow-Up") found that although the movie industry has made progress, a greater effort must be exerted to successfully eliminate the marketing of violent entertainment to children.' Both the Report and the Follow-Up demonstrate that self-regulation …

From Subway Stations To The Information Superhighway: Compliance Strategies For Musicians To Avoid The Worldwide Entanglement Of Privacy Laws, Yvenne M. King

Vanderbilt Journal of Entertainment & Technology Law

In light of the fact that operating a website raises many complex legal issues covering numerous areas of law, this Article focuses on one area that musicians, as website owners, should address: their potential liability for third-party claims based upon violation of consumer privacy laws. This Article first discusses the importance for musician website operators of protecting consumers' privacy rights. Second, it addresses the need to establish a "global privacy compliance plan" to limit musicians' legal liabilities. Finally, it explains how musicians can go about creating such a plan by developing "minimum guidelines" and "privacy practices." ... For purposes of …

Book Publishing In The Age Of The E-Book, Nancy B. Vermylen

Vanderbilt Journal of Entertainment & Technology Law

Whatever role e-publishing is ultimately to assume in the publishing world, its emergence calls for the (re)evaluation of significant legal issues affecting the contractual relationship of authors and publishers. This Note identifies some of those issues, and where appropriate, suggests some tentative solutions. Part II of this Note sets e-publishing and the concerns it raises in context by providing a brief discussion of the traditional book publishing industry and the roles that publishing contracts and personal relationships play in that industry. Part III provides an introduction to the emerging world of e-publishing and e-books. Part IV discusses the legal issues …

Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

Nfl General Counsel Adolpho Birch Speaks On The Nfl's Drug Policy, Adolpho Birch, Journal Of Entertainment & Tech. Law Editor

Vanderbilt Journal of Entertainment & Technology Law

Our standards are set in stone and frankly I think that's the best way to do it. The Commissioner obviously has discretion to alter the discipline, but it is not the type of discretion that is used lightly. It is better in our view to have a defined system with delineated consequences that occur from the use of a prohibited substance. For example, a positive test for a performance-enhancing substance nets a four-game suspension without pay. That is the rule for a first violation and everybody knows it. And when it happens to you, you will be treated the same …

The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons

Vanderbilt Journal of Entertainment & Technology Law

College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.

Part II of this Note will begin by …

The Impact Of State Prohibitions Of Punitive Damages On Libel Litigation: An Empirical Analysis, Dennis Hale

Vanderbilt Journal of Entertainment & Technology Law

This Article explores the role of punitive damages in media libel cases by measuring the quantity and quality of libel appeals for a ten-year period in states with and without punitive damages. Specifically, the Article identifies appellate court decisions for media libel cases over a ten year period from 1986 to 1995, comparing five states with punitive damages (Alabama, New Mexico, South Carolina, South Dakota and Tennessee) to five states without punitive damages (Louisiana, Massachusetts, Nebraska, Oregon and Washington). Each appeal of a federal or state media libel case was coded for the following characteristics: year, whether the media won …

Shadowing Silva, David Laraway

Faculty Publications

The dark eroticism of Jose Asunci6n Silva's "Nocturno m" has scarcely been domesticated by over a century of criticism and the poem's canonization in countless literary anthologies. The reasons for the spell it has held over readers are apparent. Not only is the poem highly innovative from a metrical standpoint, its composition shortly after the death of Silva's sister Elvira has invited some critics to find images of incest and even necrophilia in the text.¹ Others have stridently opposed such readings.² In fact, the history of the poem's critical reception has in large measure been the history of …

The Uncommon Law: Insanity, Executions, And Oklahoma Criminal Procedure, Bryan Lester Dupler

Oklahoma Law Review

No abstract provided.

Surface Use By The Mineral Owner: How Much Accomodation Is Required Under Current Oil And Gas Law, Christopher M. Alspach

Oklahoma Law Review

No abstract provided.

Constitutional Law: Affirmative Action In The Public Sector: The Admissibility Of Post-Enactment Evidence Of Discrimination To Provide A Compelling Governmental Interest, Andrew C. Jayne

Oklahoma Law Review

No abstract provided.

Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman

Oklahoma Law Review

No abstract provided.

Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe

Oklahoma Law Review

No abstract provided.

Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter

Oklahoma Law Review

No abstract provided.

Beyond Observable Prejudice—Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose

Oklahoma Law Review

No abstract provided.

A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii

Oklahoma Law Review

No abstract provided.

Environmental Law: The Environmental Quality Act As A Reservoir Of Legislative Intent - A New Model Of Interagency Cooperation Springs Forth From The Clarification Of Oklahoma's Groundwater Law, Darin C. Savage

Oklahoma Law Review

No abstract provided.

Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman

Oklahoma Law Review

No abstract provided.

Who Cares? Why Bother?: What Jeff Powell And Mark Tushnet Have To Say To Each Other (A Review Of Christian Perspectives On Legal Thought, Edited By Michael W. Mcconnell, Robert F. Cochran, Jr., And Angela Carmella, William Brewmaker

Oklahoma Law Review

No abstract provided.

The "Ultimate Question": A Limited Argument For Trafficking In Stolen Speech, Matthew J. Coleman

Oklahoma Law Review

No abstract provided.

Development And Evaluation Plans Of A Denominational Program To Equip Local Church Leaders With Creative Thinking And Problem Solving Techniques, Richard C. Harris

Abraham S. Fischler College of Education ETD Archive

The problem investigated within the Free Methodist Church was that church leaders (pastors and lay leaders) lacked skills in how to proactively engage churches in creative thinking and problem solving. The purpose of this project was to develop a program to help church leaders improve creative thinking and problem-solving skills and to design a plan for evaluating such a program.

There were four comprehensive research questions for this study. The first was "What is the subject matter of a comprehensive program for developing in church leaders the skills and attitudes needed to improve creative thinking and problem solving? The second …

Wordsworth's Habits Of Mind: Knowledge Through Experience (Review), Nancy Easterlin

English Faculty Publications

No abstract provided.

Romanticism's Gray Matter (Review Essay), Nancy Easterlin

English Faculty Publications

No abstract provided.

Spectral Integration Of Microstructure And Design, Brent L. Adams, B. Henrie, M. Lyon, H. Garmestani, Surya R. Kalidindi

Faculty Publications

Support of the Army Research Office is greatly appreciated. Mechanical design can be conducted in a framework where consideration of microstructure as a continuous design variable is facilitated by the use of a Fourier space. Selection of the mechanical framework for the problem (e.g., mechanical constitutive model and homogenization relations) dictates the dimensionality of the pertinent microstructure representation. Microstructure is comprised of basic elements that belong to the local state space. Local state includes crystallographic phase and orientation, and other parameters such as composition. The local state space is transformed into an isomorphic set in Fourier space. The universe of …

Peppering Knowledge Sources With Salt: Boosting Conceptual Content For Ontology Generation, Deryle W. Lonsdale, Yihong Ding, David W. Embley, Alan Melby

Faculty Publications

This paper describes work done to explore the common ground between two different ongoing research projects: the standardization of lexical and terminological resources, and the use of conceptual ontologies for information extraction and data integration. Specifically, this paper explores improving the generation of extraction ontologies through use of a comprehensive terminology database that has been represented in a standardized format for easy tool-based implementation. We show how, via the successful integration of these two distinct efforts, it is possible to leverage large-scale terminological and conceptual information having relationship-rich semantic resources in order to reformulate, match, and merge retrieved information of …

An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein

Faculty Publications

No abstract provided.