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Full-Text Articles in Law
All The World's Not A Stooge: The Transformativeness Test For Analyzing A First Amendment Defense To A Right Of Publicity Claim Against Distribution Of A Work Of Art, Jay Dougherty
Jay Dougherty
This article is a thorough review of First Amendment law in relation to the right of publicity. It criticizes the so-called "transformativeness test" developed in California as a mechanism to balance rights of publicity and freedom of speech and expression.
Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty
Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty
Jay Dougherty
Motion pictures are highly collaborative works. This article reviews fundamental concepts of authorship and joint authorship under copyright law, discusses the numerous creative contributions made to a motion picture, and analyzes what exactly should be protectable authorship in the motion picture context, including with respect to actors' performances. It also briefly considers international law of film authorship, and recommends a legal approach to problems of authorship in motion pictures.