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Entertainment, Arts, and Sports Law

Journal

2015

Institution
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Articles 121 - 127 of 127

Full-Text Articles in Law

How Law Defines Art, 14 J. Marshall Rev. Intell. Prop. L. 314 (2015), Derek Fincham Jan 2015

How Law Defines Art, 14 J. Marshall Rev. Intell. Prop. L. 314 (2015), Derek Fincham

UIC Review of Intellectual Property Law

Defining art is both hard and subjective. But in lots of contexts the law must arrive at a just solution to hard and subjective questions. The art community has largely neglected the task of defining artworks. This neglect has crept into legal disputes, particularly those involving conceptual art which has loosened the limits of aesthetics, form, function, and composition. This makes crafting a definition of art even more challenging. Yet the Law has an important part to play in resolving art disputes—courts end up defining art no matter how cautiously they approach the question. They do not set out to …


Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer Jan 2015

Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer

UIC Review of Intellectual Property Law

This paper considers the extent to which federal moral rights law protects authorized graffiti and aerosol art against destruction, in the context of the controversy over the destruction of 5Pointz. 5Pointz, a sprawling complex of warehouse buildings in Queens, was a Mecca for aerosol art. The buildings’ owners ordered the demolition of 5Pointz after the November 2013 order by New York federal district judge Frederic Block denying the artists a preliminary injunction to stop destruction under the federal moral rights statute, the Visual Artists Rights Act (VARA). This paper argues that Judge Block erred in finding that the transient nature …


The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin Jan 2015

The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin

UIC Review of Intellectual Property Law

With the advancement of digital broadcasting technologies, the lack of a revision to copyright law has created a creative and distribution bottleneck for artists by companies. The current range for compulsory licensing agreements does not protect the interests of artists through modern digital transmission tools, and leaves them fending for themselves if they wish to have access to new digital platforms. Moreover organizations, such as the Recording Industry Association of America, are in greater positions of power when applying existing copyright laws and definitions to new technologies that innovators never intended to be analogous to pre-existing technologies to begin with. …


On Art Attacks: At The Confluence Of Shock, Appropriation, And The Law, 14 J. Marshall Rev. Intell. Prop. L. 392 (2015), Rachel Buker Jan 2015

On Art Attacks: At The Confluence Of Shock, Appropriation, And The Law, 14 J. Marshall Rev. Intell. Prop. L. 392 (2015), Rachel Buker

UIC Review of Intellectual Property Law

Does the law adequately recognize the expansive nature of art, especially in scenarios involving controversial acts of appropriation art? Of particular curiosity is just how the law should treat acts of artistic appropriation involving the creation of artwork on top of other original works of art, or art attacks. This is an issue that has been largely unaddressed by the courts outside the realm of criminal proceedings. However, the legal implications of such acts reach far beyond crimes and property torts, involving copyright, moral rights, freedom of expression, and the preservation of cultural heritage. Indeed, the issues are not just …


From The Statute Of Anne To Z.Z. Top: The Strange World Of American Sound Recordings, How It Came About, And Why It Will Never Go Away, 15 J. Marshall Rev. Intell. Prop. L. 1 (2015), Bruce Epperson Jan 2015

From The Statute Of Anne To Z.Z. Top: The Strange World Of American Sound Recordings, How It Came About, And Why It Will Never Go Away, 15 J. Marshall Rev. Intell. Prop. L. 1 (2015), Bruce Epperson

UIC Review of Intellectual Property Law

Uniquely among all industrialized nations, the United States extended no copyright protection to sound recordings until 1972. The individual aural representation captured for playback could only be protected by the common or statutory laws of individual states. This feature was carried forward into the comprehensive revision of the Copyright Act implemented on January 1, 1978. Although the Copyright Act contained a sweeping provision that brought works created prior to the legislation under federal protection, pre-1972 sound recordings were specifically exempted. The extent to which this lack of status has created a legal and environmental void is best demonstrated by a …


Ncaa Division I Athletic Directors: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Christopher R. Deubert, Justin Hayek Jan 2015

Ncaa Division I Athletic Directors: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Christopher R. Deubert, Justin Hayek

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


O'Bannon V. National Collegiate Athletic Association: A Cinderella Story, Meghan Rose Price Jan 2015

O'Bannon V. National Collegiate Athletic Association: A Cinderella Story, Meghan Rose Price

Jeffrey S. Moorad Sports Law Journal

No abstract provided.