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Full-Text Articles in Law

To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson Nov 2015

To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson

Journal of Intellectual Property Law

No abstract provided.


Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd Nov 2015

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Journal of Intellectual Property Law

No abstract provided.


Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law Nov 2015

Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


Intentional Pass: Analyzing Baseball's Antitrust Exemption As Applied To Broadcasting Agreements In Laumann V. National Hockey League, Jacob M. Ware Jan 2015

Intentional Pass: Analyzing Baseball's Antitrust Exemption As Applied To Broadcasting Agreements In Laumann V. National Hockey League, Jacob M. Ware

Georgia Law Review

For more than a half-century, Major League Baseball's exemption from antitrust laws has intrigued sports fans and legal scholars alike. It seems only fitting that America's pastime would have an exemption with origins as mysterious and debated as the sport itself. Created by the Supreme Court and reinforced by Congress, the "baseball exemption" in the modern era continues to generate litigation. Like an umpire determining whether a baseball is fair or foul, courts today must judge the boundaries of baseball's exemption. Major League Baseball's owners may benefit from the exemption, but its fans often pay the price. The League has …


(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia, Payton M. Bradford Jan 2015

(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia, Payton M. Bradford

Georgia Law Review

The issue of pre-1972 sound recordings-devoid of federal copyright protection-has emerged as an important legal issue with changes in how musicians are collecting royalties for music. Sound recordings have a complicated and fragmented history under United States copyright law. While recognized as a separate form of creative work from musical compositions since the early twentieth century, they nonetheless remained unprotected as separate works under federal law until 1972. Any sound recordings fixed prior to February 15, 1972, however, remain unprotected under federal law and are subject to common law copyright or state statutes. A majority of states, including Georgia, lack …


Playing Favorites: Congress's Denial Of Equal Sovereignty To The States In The Professional And Amateur Sports Protection Act, Justin W. Mckithen Jan 2015

Playing Favorites: Congress's Denial Of Equal Sovereignty To The States In The Professional And Amateur Sports Protection Act, Justin W. Mckithen

Georgia Law Review

The Professional and Amateur Sports Protection Act of 1992 (PASPA) illegalizes state-sponsored sports wagering activity nationwide. PASPA was intended to be a protective measure, as sports wagering was feared to threaten the integrity of sports. Grandfathering provisions in PASPA, however, exempt sports wagering schemes in Delaware, Montana, Nevada, and Oregon-effectively granting these states a monopoly over the (legalized) sports wagering industry. Faced with budgetary crises and other economic hardships, New Jersey is currently at the forefront of an effort to overturn PASPA and permit the other forty-six states to legalize sports wagering in their jurisdictions, a measure that could generate …