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- Selected Works (41)
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Articles 211 - 240 of 254
Full-Text Articles in Law
Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau
Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau
Faculty Publications By Year
As "fair use" has become more common as a defense to copyright infringement, often successfully, it has not gained any ground in cases involving music sampling. In the years since Campbell v. Acuff-Rose Music, Inc.,we have seen the introduction of "transformative use" to fair use analysis. "Transformative use" has led to the holdings that thumbnail reproductions of photographs, parodies of novels, parodies of advertisements, changed artworks, the inclusion of legal briefs in searchable databases, the inclusion of music in film, and the mass digitization of millions of books are all "fair use." Almost every day we read of another …
Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa
Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa
Marquette Sports Law Review
None
Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson
Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson
Marquette Sports Law Review
None.
25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson
25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson
Marquette Sports Law Review
None.
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Marquette Sports Law Review
None.
Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson
Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson
Marquette Sports Law Review
None.
The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters
The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters
Marquette Sports Law Review
None.
My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker
My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker
Marquette Sports Law Review
None.
Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol
Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol
Marquette Sports Law Review
None.
Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman
Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman
Marquette Sports Law Review
None.
2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown
2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown
Marquette Sports Law Review
None.
Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman
Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman
Marquette Sports Law Review
No abstract provided.
Book Review: The Code Of The Court Of Arbitration For Sport: Commentary, Cases, And Materials, Matthew J. Mitten
Book Review: The Code Of The Court Of Arbitration For Sport: Commentary, Cases, And Materials, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller
Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller
Marquette Sports Law Review
No abstract provided.
Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl
Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl
Marquette Sports Law Review
No abstract provided.
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
Marquette Sports Law Review
No abstract provided.
A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau
A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau
Marquette Sports Law Review
No abstract provided.
Index, Sean P. Mccarthy
Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson
Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson
Marquette Sports Law Review
No abstract provided.
Bending The Rules To Change The Rule? Was The National Football League's Domestic Violence Policy Collectively Bargained For?, Sean P. Mccarthy
Bending The Rules To Change The Rule? Was The National Football League's Domestic Violence Policy Collectively Bargained For?, Sean P. Mccarthy
Marquette Sports Law Review
No abstract provided.
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager
Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager
Northwestern University Law Review
For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …
Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian
Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian
Northwestern University Law Review
Apple invites us to “Rip. Mix. Burn.” while Sony exhorts us to “make.believe.” Digital service providers enable us to create new forms of derivative work—work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright infringement liability? Despite the exponential growth of remixing technologies, content holders continue to benefit from the vagaries of copyright law. There are no clear principles to determine whether any given remix will infringe one or more copyrights. Thus, rights holders can easily and plausibly threaten infringement suits and …
The Four Stages Of Youth Sports Tbi Policymaking: Engagement, Enactment, Research, And Reform, Hosea H. Harvey, Dionne L. Koller, Kerri M. Lowrey
The Four Stages Of Youth Sports Tbi Policymaking: Engagement, Enactment, Research, And Reform, Hosea H. Harvey, Dionne L. Koller, Kerri M. Lowrey
All Faculty Scholarship
This article advances, for the first time, a framework for situating public health law interventions as occurring in a predictable four-stage process. In this article, written in connection with our panel at the Public Health Law Research Conference (2014), we briefly apply this four-stage framework to youth sports TBI laws, and conclude that public health lawmaking in this area is consistent with prior high-visibility public health law interventions.
The Effects Of Exposure On The Ecology Of The Magic Industry: Preserving Magic In The Absence Of Law, Jared R. Sherlock
The Effects Of Exposure On The Ecology Of The Magic Industry: Preserving Magic In The Absence Of Law, Jared R. Sherlock
Cybaris®
No abstract provided.
How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists, Caitlin Kowalke
How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists, Caitlin Kowalke
Cybaris®
No abstract provided.
Clearing Rights For Entertainment Projects, Mary Lafrance
Clearing Rights For Entertainment Projects, Mary Lafrance
Scholarly Works
No abstract provided.
Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat
UIC Review of Intellectual Property Law
What started out as a law school requirement quickly snowballed into an analysis of the relationship between intellectual property and cultural heritage. I am a music guy at heart, having played piano since I was five years old, having composed one song (after multiple tries), and now working directly with musicians and artists. So when I began researching a topic for an article that would connect the dots between the cultural heritage and its respective music, I could only come across legal doctrine and articles that focused heavily on tangible art and artifacts. So what happened to the music? After …
Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln
Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln
UIC Review of Intellectual Property Law
The luxury fashion industry spends millions of dollars each year fighting counterfeits, yet a fake Louis Vuitton bag is easily purchased on street corners around the world. Proponents of the counterfeits argue that the fakes translate to advertising for the brands, while the luxury brands argue that it damages the future of their brand. The counterfeit market has been linked to child labor, human trafficking, organized crime, and some terrorist groups. The current federal civil and criminal statutes exclude purchasers from prosecution and instead focus on the distributors of the goods. This comment proposes the strengthening of these laws by …
Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel
UIC Review of Intellectual Property Law
The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …