Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (24)
- Marquette University Law School (22)
- UC Law SF (18)
- Villanova University Charles Widger School of Law (15)
- Vanderbilt University Law School (9)
-
- Maurer School of Law: Indiana University (4)
- UIC School of Law (2)
- University of Michigan Law School (2)
- University of Richmond (2)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Seattle University School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Miami Law School (1)
- University of San Diego (1)
- West Virginia University (1)
- Keyword
-
- Sports (11)
- Copyright (10)
- Major League Baseball (7)
- Athletes (6)
- MLB (6)
-
- Antitrust (4)
- Baseball (4)
- Cases (4)
- Fair use (4)
- Liability (4)
- Stadium financing (4)
- Stadiums -- Finance (4)
- Arbitration (3)
- Collective bargaining (3)
- Copyright act of 1976 (3)
- Digital Millennium Copyright Act (3)
- Music (3)
- National Football League (3)
- Privacy (3)
- Regulation (3)
- Salaries (3)
- Appropriation (2)
- Consumer protection (2)
- Contract (2)
- Copyright law (2)
- DCMA (2)
- Drugs (2)
- Europe (2)
- European Union (2)
- Exemptions (2)
- Publication
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (24)
- Marquette Sports Law Review (22)
- UC Law SF Communications and Entertainment Journal (18)
- Jeffrey S. Moorad Sports Law Journal (15)
- Vanderbilt Journal of Entertainment & Technology Law (9)
-
- Federal Communications Law Journal (3)
- UIC Review of Intellectual Property Law (2)
- Buffalo Intellectual Property Law Journal (1)
- Indiana Law Journal (1)
- Michigan Journal of Gender & Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- NYLS Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Richmond Journal of Law & Technology (1)
- San Diego International Law Journal (1)
- Seattle University Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Miami Business Law Review (1)
- University of Richmond Law Review (1)
- West Virginia Law Review (1)
Articles 31 - 60 of 106
Full-Text Articles in Law
Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley
Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis
Consent To Monitoring Of Electronic Communications Of Employees As An Aspect Of Liberty And Dignity: Looking To Europe., Matthew A. Chivvis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton
What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton
UC Law SF Communications and Entertainment Journal
For years, the same governmental interests have been presented to justify prohibitions on same-sex marriage. Supporters of the ban argue that marriage promotes procreation and child-rearing, neither of which can supposedly be done within the confines of a same-sex relationship. This note suggests the movie I Now Pronounce You Chuck & Larry illustrates that in practice, these justifications have become antiquated. Instead of defining marriage as two individuals in a committed relationship, courts tend to inject social mores into their decisions regarding the legality of same-sex marriage.
C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann
UC Law SF Communications and Entertainment Journal
This note examines the friction between the First Amendment and the right of publicity by examining the case of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., a case regarding fantasy league baseball. This note begins by discussing the legacy of the right of publicity, the policy goals that the right of publicity was devised to further, and several different tests that courts have designed to balance the right of publicity with the rights guaranteed by the First Amendment. This note then goes on to illustrate the background of fantasy league baseball and critique the C.B.C. …
The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission regularly promotes the competitiveness of the American broadband market and the availability of robust services to consumers. Since 2000, the Commission has reported on broadband deployment by zip code, and by late 2006 broadband was supposedly available in 99% of American zip codes, with those zip codes representing 99% of the population. However, the viability of the FCC's zip code-based measurement methodology has long been a matter of controversy, because until recently broadband was counted as "available" in a zip code even if as few as one household in the area has obtained service. This paper …
How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze
How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze
UC Law SF Communications and Entertainment Journal
In order to prepare for the consequences of this new law, it will be extremely valuable to understand how "hands-free laws" are regulated in other states. Comparing California's new regulations to these existing laws and recognizing the history behind its inaction are crucial. An analysis of these previous attempts to regulate cell phone use while driving will ease the adoption of this new legislation in California. Since California's legislation, Bill 1613, regarding the ban on hand-held cellular devices while driving, was enacted the resulting public effect may have failed to fulfill the intention of the law.
The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer
The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer
UC Law SF Communications and Entertainment Journal
Would a federal shield law hamper the U.S. Department of Justice's power to combat terrorism and other crimes? Would the law protect the media from the chilling effects of federal subpoenas? Or would the law unwisely grant the already powerful media legal rights denied to other citizens? And who should have the power to decide whether to allow the media to refuse to comply with federal subpoenas? These and similar questions about how power should be distributed among branches of the federal government and the media were at the center of the Congressional hearings and debate on the proposed federal …
Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean
Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean
UC Law SF Communications and Entertainment Journal
Dilution as a form of intrusion on a trademark has been the object of intense consumer and competition discourses in United States. From the United States Supreme Court decision in Moseley v. VSecret Catalogue, in 2003, to the Fourth Circuit's decision in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, in 2006, the concept of dilution has become more sophisticated and its intersection with unfair competition and First Amendment law is far from being settled. This note is an attempt to answer the questions of whether the courts, by broadly interpreting the TDRA as being designed to protect freedom …
Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch
Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch
UC Law SF Communications and Entertainment Journal
Over the past several decades, business entities have increasingly relied on Commercial General Liability insurance for coverage and protection against the significant costs of defending against intellectual property lawsuits. However, despite this increased usage, the coverage provided for intellectual property infringement claims by Commercial General Liability insurance policies remains uncertain and indeterminate. This frustrating conclusion, reached by numerous courts, legal scholars and insurance practitioners, captures the current state of the law as it applies to coverage for intellectual property infringement claims. Consequently, many business entities seeking to apply their insurance policies to defend against intellectual property claims may face uncertainty …
Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn
Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn
UC Law SF Communications and Entertainment Journal
The FTC has sanctioned more than a dozen companies during the past two years for privacy violations involving the improper installation of spyware software on personal computers. The spyware software allowed companies to watch and control consumers' online activities, either without the consumer's knowledge or with the consumer's knowledge but without reasonable means for the consumer to stop it. The practice of online targeted advertising raises similar privacy issues as the use of spyware software because it also involves behind-the-scenes tracking, which most consumers never notice. Online targeted advertising allows marketing companies to engage in the same behavior as companies …
Mobile Messaging Making E-Discovery Messy: Mobile Messaging And Electronic Discovery, Daniel B. Garrie, Maureen Duffy-Lewis, Richard L. Gillespie, Mari Joller
Mobile Messaging Making E-Discovery Messy: Mobile Messaging And Electronic Discovery, Daniel B. Garrie, Maureen Duffy-Lewis, Richard L. Gillespie, Mari Joller
UC Law SF Communications and Entertainment Journal
Mobile e-discovery spans the globe and creates a multitude of issues for litigants and the courts. The issue of privacy, jurisdiction, privilege, and consent intersect in the mobile space with users sending text messages, twittering, posting notes and videos on-line, and sharing pictures all in the span of a work day. Of course this is further complicated by the integration of the 24/7 workplace and the electronic discovery issues of retention, preservation, and production of the data that mobile devices create. This article examines these issues and provides an overview of some of the more common underlying mobile telecommunication technologies.
Pilots And Public Policy: Steering Through The Economic Ramifications, Victor Matheson, Brad R. Humphreys
Pilots And Public Policy: Steering Through The Economic Ramifications, Victor Matheson, Brad R. Humphreys
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore
Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore
UC Law SF Communications and Entertainment Journal
Mattel's Barbie doll is more than just a trademarked toy produced for child consumption-Barbie has entered public discourse and taken on a life of her own as a cultural phenomenon. The Ninth Circuit Court of Appeals has referred to Mattel's Barbie doll as "possibly the most famous toy in history." With this popularity, also comes unwanted attention. She has become an American icon and taken on additional meanings and status at a societal level; attracting the attention of artists, writers, academics, and commentators in a way that is beyond the scope of Mattel's trademark property rights. The tension between Mattel's …
I'M A Highway Star: An Outline For A Federal Right Of Publicity, Sean D. Whaley
I'M A Highway Star: An Outline For A Federal Right Of Publicity, Sean D. Whaley
UC Law SF Communications and Entertainment Journal
The federal government has failed to codify a federal publicity right. This has caused numerous problems recently, as varying state laws unevenly restrain the commercial speech of many actors in interstate commerce. However, the nature of the publicity right as a property right and its essential function in interstate commerce calls for Congress to adopt a federal publicity right. Similar to the dual system of trademark protection, a federal publicity right will not preempt such rights at the state level. Rather, establishing such a right will detail proper justification and contours of the right. By establishing a federal right, the …
The Friends Creative Exemption: How Stereotypes Play A Role In Objectivity Standards, Jessica N. Leal
The Friends Creative Exemption: How Stereotypes Play A Role In Objectivity Standards, Jessica N. Leal
UC Law SF Communications and Entertainment Journal
The recent, controversial California Supreme Court holding in Lyle v. Warner Brothers Television Productions is illustrative of whether the pervasiveness of sexually explicit conduct is insufficient as a matter of law or should be sent to the trier of fact. The court held that a former writer's assistant for the popular, adult-oriented television show Friends failed to establish actionable harassment under the California Fair Employment and Housing Act ("FEHA"). According to the court, the circumstances did not establish a prima facie case of hostile workplace environment sexual harassment, even though there was no dispute that sexually coarse and vulgar language …
The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada
The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada
UC Law SF Communications and Entertainment Journal
This article presents a study of administrative and statutory schemes designed to regulate various aspects of the media in considering broad questions of indecency, obscenity, and societal and parental controls over content in various forms of media broadcasting. The article then provides an important historical back-drop by referencing Burstyn v. Wilson (a 1950s case involving an alleged "secular sacrilege") and Pacifica Foundation (the George Carlin "Filthy Words" monologue case). It then turns to a discussion of the litigation and controversy spurred by passage of the Communications Decency Act of 1996 and the Child Online Protection Act of 1998 as the …
The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day
The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day
Michigan Telecommunications & Technology Law Review
On February 4, 2009, Senator Patrick Leahy introduced the Performance Rights Act ("PRA") to the Senate, joined by Representative John Conyers in the House of Representatives. Thirty-eight years after sound recordings were first granted federal copyright protection against unauthorized reproduction and distribution--and more than ten years after gaining a limited digital performance right--legislation is pending that would once again expand the scope of sound recording copyright to encompass terrestrial radio broadcasts. Historically, such broadcasts have been exempt from sound recording performance royalties.[...] Instead of (or in addition to) seeking remuneration from terrestrial radio stations, this Note suggests that sound recording …
Actual Interpretation Yields Actual Dissemination: An Analysis Of The Make Available Theory Argued In Peer-To-Peer File Sharing Lawsuits, And Why Courts Ought To Reject It, Shana Dines
UC Law SF Communications and Entertainment Journal
The Recording Industry Association of America has sued thousands of individuals for peer-to-peer file sharing in an attempt to save the failing music industry and resist new technology. The lawsuits rely on an interpretation of copyright law that making a work available to the public is an infringement of the distribution right. The recording industry has vigorously argued this "make available" theory because it is easy to prove, given the limited evidence obtainable in peer-to-peer file sharing cases. However, the district courts in various federal circuits are split on accepting this theory, some holding that actual dissemination is required to …
Play Ball? An Analysis Of Final-Offer Arbitration, Its Use In Major League Baseball And Its Potential Applicability To European Football Wage And Transfer Disputes, Josh Chetwynd
Marquette Sports Law Review
No abstract provided.
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Marquette Sports Law Review
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
UIC Review of Intellectual Property Law
Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.
When Sex And Cell Phones Collide: Inside The Prosecution Of A Teen Sexting Case, Robert D. Richards, Clay Calvert
When Sex And Cell Phones Collide: Inside The Prosecution Of A Teen Sexting Case, Robert D. Richards, Clay Calvert
UC Law SF Communications and Entertainment Journal
The high-tech phenomenon of teen "sexting," which is now garnering mainstream media attention, is pushing and straining traditional legal notions of what constitutes child pornography. As teens take sexually provocative photos of themselves and send them off to other teens via cell phones, some prosecutors are charging them as child pornographers. This article pivots on an exclusive, in-person interview conducted in Florida by the authors in May 2009 with attorney Lawrence Walters and his client Phillip Alpert, who sexted a nude photo of his girlfriend when he was 18 years old. Alpert was charged under child pornography laws and, today, …
Copytraps, Ned Snow
Copytraps, Ned Snow
Indiana Law Journal
Congress has unintentionally evoked copytraps, which exact thousands of dollars from the Internet user who innocently buys music without knowing that it infringes copyright. Copytraps arise when Web sites lure innocent users into downloading expression that seems legal but is actually infringing. Regardless of whether the Web site appears legitimate, whether a user's good-faith belief is reasonable, or whether the Web site owner is unaware that the material is infringing, users who download infringing material face strict liability punishment, and the penalties are severe. It is entrapment, with the spoils from the innocent going to large corporate copyright holders. The …
Antitrust And Free Movement Risks Of Expanding U.S. Professional Sports Leagues Into Europe, Marc Edelman, Brian Doyle
Antitrust And Free Movement Risks Of Expanding U.S. Professional Sports Leagues Into Europe, Marc Edelman, Brian Doyle
Northwestern Journal of International Law & Business
This article discusses the legal risks that would emerge if the NBA and NFL decide to expand into Europe. Part I of this article explains the differences in operating structure between U.S. and European professional sports leagues. Part II discusses the differences in competition law between the United States and European Community. Part III explains why the legal status of age and education (age/education requirements) is more favorable to professional sports leagues under U.S. law than under EC law. Part IV explains why the legal status of league drafts and reserve systems also might be more favorable to professional sports …
How “Choruss” Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor
How “Choruss” Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor
Richmond Journal of Law & Technology
A sixty year-old man is delighted when his son shows him how to use Pandora—an interactive, hip Internet radio site that puts the listener in control. Having grown up a huge Louis Armstrong fan, the man quickly selects the jazz singer as one of his “stations.” When listening to this station, Pandora will only play songs by Armstrong and other similar artists for him. When he hears Armstrong’s classic, “What a Wonderful World,” the man immediately clicks the “Thumbs Up” icon, indicating his approval of Pandora’s recommendation. Pandora’s recommendations are drawn from its “Music Genome Project,” a database of song …
The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly
The "Spiritual Temperature" Of Contemporary Popular Music, Tracy Reilly
Vanderbilt Journal of Entertainment & Technology Law
The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public uproar over the increasingly violent and lewd content of death-metal and gangsta-rap music and its alleged negative influence on children. Many legal scholars have written about how legal and political efforts throughout history to regulate contemporary genres of popular music in the name of the protection of children's morals …
A First Amendment For Second Life: What Virtual Worlds Mean For The Law Of Video Games, Marc J. Blitz
A First Amendment For Second Life: What Virtual Worlds Mean For The Law Of Video Games, Marc J. Blitz
Vanderbilt Journal of Entertainment & Technology Law
In the first decade of the twenty-first century, video games have finally taken their place alongside movies, comic books, and drawings as a form of protected First Amendment speech. Since the Seventh Circuit's 2001 decision in American Amusement Machine Association v. Kendrick, court after court has struck down ordinances and statutes aimed at restricting violent video games--on the grounds that such violate game designers' and players' First Amendment speech rights. This series of rulings marks a stark change from courts' previous stance on video games, which consigned them to the same realm of unprotected non-speech conduct as games like tennis, …
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Seattle University Law Review
This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …