Law Commons^™

Free Speech In The Modern Age, Fordhamiplj@Gmail.Com

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron

Michigan Law Review

Review of Nick Drnaso's Sabrina.

Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel

Duke Law & Technology Review

No abstract provided.

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used to …

Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell

Oklahoma Journal of Law and Technology

No abstract provided.

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

University of Richmond Law Review

No abstract provided.

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.

Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks

Loyola of Los Angeles Entertainment Law Review

The advent of the Internet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the Internet. It will then examine the decisions in WPIX v. IVI, Inc., ABC, Inc. v. …

How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath

Touro Law Review

The rise in the use of technology, and the creation of new media, has left the entertainment industry at a loss as to how to compensate the creative minds that are starting to work in new media. The rise in new media, a predominant factor in the 2007-2008 writers strike and this year’s almost-strikes of the two actors’ guilds, has forced the entertainment industry to adapt to the changes in technology, and create compensation plans for those that work in new media.

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.

Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero

Pepperdine Dispute Resolution Law Journal

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes, …

Fighting The First Sale Doctrine: Strategies For A Struggling Film Industry, Sage Vanden Heuvel

Michigan Telecommunications & Technology Law Review

The first sale doctrine, codified at 17 U.S.C. § 109, grants the owners of a copy of a copyrighted work the right to sell, rent, or lease that copy without permission from the copyright owner. This doctrine, first endorsed by the Supreme Court in Bobbs-Merrill Co. v. Straus, was established at a time when the owner of a good necessarily had to forego possession in order to sell or lease the item to another.[...] The changes in technology and industry over the past two decades threaten to upend this balance. In today's digital world, an owner of a copy of …

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Everything In Its Right Place: Social Cooperation And Artist Compensation, Leah Belsky, Byron Kahr, Max Berkelhammer, Yochai Benkler

Michigan Telecommunications & Technology Law Review

The music industry's crisis response to the Internet has been the primary driver of U.S. copyright policy for over a decade. The core institutional response has been to increase the scope of copyright and the use of litigation, prosecution, and technical control mechanisms for its enforcement. The assumption driving these efforts has been that without heavily-enforced copyright, artists will not be able to make a living from their art. Throughout this period artists have been experimenting with approaches that do not rely on technological or legal enforcement, but on constructing web-based business models that engage fans and rely on voluntary …

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Royalty Rate-Setting For Webcasters: A Royal(Ty) Mess, Amy Duvall

Michigan Telecommunications & Technology Law Review

The Internet is a haven for free expression. Not only are content-based restrictions disfavored, but "[the internet] provides relatively unlimited, low-cost capacity for communication of all kinds." Almost half of all Americans have listened to music online, whether rebroadcasts of terrestrial radio or to find niche music that terrestrial radio simply does not play, and 13 percent tune in regularly. Webcasters provide a unique outlet for new artists; however, if royalty rates are set too high for all but the largest webcasters to stay in business, the variety of music available will be severely restricted. Musical diversity stimulates the generation …

Internet Piracy Of Live Sports Telecasts, Michael J. Mellis

Marquette Sports Law Review

No abstract provided.

Three Reactions To Mgm V. Grokster, Pamela Samuelson

Michigan Telecommunications & Technology Law Review

It was prescient of the Michigan Telecommunications and Technology Law Review to have organized a conference to discuss the Supreme Court's decision in Metro-Goldwyn-Mayer, Inc. v. Grokster, Inc. As the articles in this issue reveal, commentators have had somewhat mixed reactions to the Grokster decision. Perhaps I am the most mixed (or mixed up) about Grokster among its commentators, for I have had not just one but three reactions to the Grokster decision. My first reaction was to question whether MGM and its co-plaintiffs really won the Grokster case, or at least won it in the way they had hoped. …

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.