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Entertainment, Arts, and Sports Law

2001

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Articles 1 - 30 of 99

Full-Text Articles in Law

Introduction To Keynote Address, John D. Feerick Dec 2001

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi Dec 2001

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims Dec 2001

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett Dec 2001

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder Dec 2001

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi Dec 2001

Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Law As Craft, Brett G. Scharffs Nov 2001

Law As Craft, Brett G. Scharffs

Vanderbilt Law Review

This Article explores the similarities between the law and other craft traditions, such as carpentry, pottery, and quilting. Its thesis is that law--and in particular adjudiction---combine elements of what Aristotle described as practical wisdom, or phronesis, and craft, or techne. Craft knowledge is learned practically through experience and demonstrated through practice, and is contrasted with other concepts, including art, science, mass production, craftiness, and hobby. Crafts are characterized by four simutaneous identities. First, crafts are made by hand-one at a time-and require not only talent and skill, but also experience and what Karl Llewellyn called "situation sense." Second, crafts are ...


Kosovo Myths: Karadzic, Njegos, And The Transformation Of Serb Memory, Alexander K.A. Greenawalt Oct 2001

Kosovo Myths: Karadzic, Njegos, And The Transformation Of Serb Memory, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

This brief sketch of the Kosovo myth and its legacy allows one to see how the legend has played such a central role in the popular imagination of the Balkans. In its broader implications, the myth has figured in the debate concerning the origins of national identity. Observing that "the Kosovo battle became an ineradicable part of Serbian history immediately after 1389” and "inspired the greatest cycle of Serbian epic poetry, which was full of hope for the final victory and deliverance,” Aleksa Djilas has thereby argued that "the nineteenth century only revolutionized national identities already formed by language, culture ...


Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty Sep 2001

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.


Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine Sep 2001

Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine

West Virginia Law Review

No abstract provided.


The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew Sep 2001

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.


Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole May 2001

Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole

Michigan Law Review

The intensity of fans' love for sports is no modern phenomenon. In ancient Rome, fierce rivalries existed between fans of the Red, Green, Blue, and White factions in chariot racing. Even emperors had their favorites. A foul in a race by a member of one faction could spark a riot in the stands. Winning charioteers would have their busts displayed in public places and were paid salaries far beyond that of the average citizen. Juvenal complained in his Satires that a chariot driver might earn 100 times more than a lawyer! The best drivers even achieved free agency and could ...


College Sports Wagering: A Case Study About Gambling On College Athletics And The Motivations And Consequences Surrounding Legislation Wanting To Ban Wagering On College Sports, Neil H. Huffey Apr 2001

College Sports Wagering: A Case Study About Gambling On College Athletics And The Motivations And Consequences Surrounding Legislation Wanting To Ban Wagering On College Sports, Neil H. Huffey

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sports wagering is the largest form of gambling in the world. In the United States, the practice is largely illegal. Nonetheless, it has sustained incredible growth both legally and illegally throughout the twentieth century. Current legislation in Congress would revise a 1992 federal law that banned legal sports wagering in this country with the exemption of four particular states, Nevada included. The state of Nevada is the only place in which wagering on college sports is legally practiced. The State of Oregon runs a small sports betting game out if its lottery. Proponents of the legislation suggest that passage is ...


From Inequity To Opportunity: Keeping Promises Made To Big-Time Intercollegiate Student-Athletes, Rodney K. Smith, Robert D. Walker Mar 2001

From Inequity To Opportunity: Keeping Promises Made To Big-Time Intercollegiate Student-Athletes, Rodney K. Smith, Robert D. Walker

Nevada Law Journal

No abstract provided.


A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White Mar 2001

A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Intellectual Property Rights In The Middle East: A Cultural Perspective, John Carroll Mar 2001

Intellectual Property Rights In The Middle East: A Cultural Perspective, John Carroll

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks Mar 2001

A Balance Of Interests: The Concordance Of Copyright Law And Moral Rights In The Worldwide Economy, Michael B. Gunlicks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


2001 Panel In Trademark Law – I’Ll See Your Twodiscussion On Current Issues Pesos And Raise You . . . Two Pesos, Wal-Mart . . . And Traffix: Where Is U.S. Supreme Court Jurisprudence Heading, And How Will It Affect Trademark Practitioners?, Hugh Hansen, Glenn Mitchell, Inna Fayenson, Perry Saidman Mar 2001

2001 Panel In Trademark Law – I’Ll See Your Twodiscussion On Current Issues Pesos And Raise You . . . Two Pesos, Wal-Mart . . . And Traffix: Where Is U.S. Supreme Court Jurisprudence Heading, And How Will It Affect Trademark Practitioners?, Hugh Hansen, Glenn Mitchell, Inna Fayenson, Perry Saidman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Giving The Green Light To Silicon Alley Employees: No-Compete Agreements Between Internet Companies And Employees Under New York Law , Dan Messeloff Mar 2001

Giving The Green Light To Silicon Alley Employees: No-Compete Agreements Between Internet Companies And Employees Under New York Law , Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi Mar 2001

More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fashion Runways Are No Longer The Public Domain: Applying The Common Law Right Of Publicity To Haute Couture Fashion Design, Samantha L. Hetherington Jan 2001

Fashion Runways Are No Longer The Public Domain: Applying The Common Law Right Of Publicity To Haute Couture Fashion Design, Samantha L. Hetherington

Hastings Communications and Entertainment Law Journal

Under present United States intellectual property law, clothing design is not protected by federal copyright, trademark/trade dress, or patent law. In fact, design piracy is sanctioned, if not encouraged. This article analyzes current intellectual property law and its failure to afford protection for clothing design. The author proposes that the doctrine of the right of publicity or personality could be applied to haute couture.


The Supreme Court And Trade Dress - A Short Comment, William P. Kratzke Jan 2001

The Supreme Court And Trade Dress - A Short Comment, William P. Kratzke

Hastings Communications and Entertainment Law Journal

In the last nine years, the United States Supreme Court decided four cases that concern trade dress and the doctrine of functionality. With these decisions, the Court broadened the doctrine of functionality and narrowed the protection available for product configuration. The Court correctly held that the protection for a product's trade dress should not be as high as the protection for its trademark because consumers do not expect trade dress to function as trademarks do in identifying a product and its source. The author concludes that the Court has redefined the protection of trademark interests in these four cases ...


The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft Jan 2001

The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft

Hastings Communications and Entertainment Law Journal

No one has yet been able to agree on the meaning of the copyright laws related to webcast licensing and fees or how to define and treat new technological advances, innovations and uses. This article provides background into the history of the copyright law as it relates to music webcasting, including the Digital Performance Right in Sound Recordings Act of 1995 ("DPRA") and the DMCA, explains the various forms of copyright protection held in recorded sound performances and its relation to online transmissions, discusses the history of the complex, legal situation which has resulted, new developments surrounding the proposed Music ...


Year Of The Living Dead: California Breathes New Life Into Celebrity Publicity Rights, Rhett H. Laurens Jan 2001

Year Of The Living Dead: California Breathes New Life Into Celebrity Publicity Rights, Rhett H. Laurens

Hastings Communications and Entertainment Law Journal

The use of images of deceased actors in film has become increasingly controversial in recent years. Advances in digital imaging technology have made it possible to manipulate these images to such an extent that it will soon be feasible to produce films in which they play leading roles. The lack of legal protections available to the deceased actors' heirs, who want the rights to control the use of the actors' images for both creative and economic reasons, prompted Fred Astaire's widow and other Hollywood celebrities to push for passage of the Astaire Celebrity Image Protection Act. Signed into law ...


Vote-Swapping Over The Internet: Free Speech Or Voter Corruption, Jesse Sisgold Jan 2001

Vote-Swapping Over The Internet: Free Speech Or Voter Corruption, Jesse Sisgold

Hastings Communications and Entertainment Law Journal

In Fall 2000, the electoral process and high technology collided in creating an 'update' to the Electoral College. From the slew of websites.


The Irony Of News Coverage: How The Media Harm Their Own First Amendment Rights, Clay Calvert, Robert D. Richards Jan 2001

The Irony Of News Coverage: How The Media Harm Their Own First Amendment Rights, Clay Calvert, Robert D. Richards

Hastings Communications and Entertainment Law Journal

This article argues that the First Amendment protection provided to the news media today actually may be harming -- unjustifiably and unnecessarily -- the scope of First Amendment protection given to other sectors of the media, most notably, the Hollywood entertainment industry and non-mainstream journalists. Using the death of Princess Diana and the school shootings at Columbine High School to illustrate a seven-step process that the authors assert gives rise to this disturbing irony, the article contends that high-profile journalistic coverage of these events produced false public perceptions of reality and media culpability - a false perception that the paparazzi were to blame ...


The Domain Name Registration .Bizness: Are We Being Pulled Over On The Information Super Highway, Navin Katyal Jan 2001

The Domain Name Registration .Bizness: Are We Being Pulled Over On The Information Super Highway, Navin Katyal

Hastings Communications and Entertainment Law Journal

This paper critically analyzes the de facto control over the Domain Name System currently administered by the not-for-profit organization, Internet Corporation for Assigned Names and Numbers ("ICANN"). Specifically, the author addresses the concerns of how ICANN fails to lead in the direction of appropriate Internet governance, and how it directs the Domain Name Registration ("DNR") industry to focus more upon economics, rather than engaging in legitimate issues surrounding trademark disputes created by the DNR.


Legislative Prohibitions On The Enforcement Of Post-Employment Covenants Not To Compete In The Broadcasting Industry, Alice J. Baker Jan 2001

Legislative Prohibitions On The Enforcement Of Post-Employment Covenants Not To Compete In The Broadcasting Industry, Alice J. Baker

Hastings Communications and Entertainment Law Journal

This article examines covenants not to compete in the entertainment industry. In the first section of the article, the author discusses the common-law doctrine of non-competition agreements and their application in the context of the entertainment industry. Next, the author examines state legislative attempts to limit this type of agreement in the broadcasting industry, including possible justifications for a legislative prohibition on them in the entertainment industry. The author concludes that the costs of blanket prohibition outweigh the benefits of prohibitive legislation, and argues that broadcasting companies and employees should be free to negotiate and enforce postemployment covenants not to ...


Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach Jan 2001

Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach

Kentucky Law Journal

No abstract provided.