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2001

Entertainment, Arts, and Sports Law

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Articles 1 - 30 of 101

Full-Text Articles in Law

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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


The First Amendment As A Check On Copyright Rights, Alan E. Garfield Jan 2001

The First Amendment As A Check On Copyright Rights, Alan E. Garfield

UC Law SF Communications and Entertainment Journal

Parties are increasingly raising the First Amendment as a potential limit on the scope of copyright rights. However, courts have traditionally found that copyright law already incorporates First Amendment interests, as it precludes protection of ideas and allows for the "fair use" of expression. This article addresses the issue of whether there needs to be additional First Amendment restraints. The author focuses on the broader principles of the First Amendment, and whether copyright law fully incorporates those principles. The author then discusses two recent cases, Worldwide Church of God v. Philadelphia Church of God and Los Angeles Times v. Free …


Trade Secrets, The First Amendment And The Challenges Of The Internet Age, David Greene Jan 2001

Trade Secrets, The First Amendment And The Challenges Of The Internet Age, David Greene

UC Law SF Communications and Entertainment Journal

Trade secret owners often come into conflict with the First Amendment rights of free speech and free press when they seek to restrict the publication of their trade secrets by others. Although the Uniform Trade Secrets Act provides some remedies for the unauthorized disclosure of trade secrets, First Amendment principles can make it difficult for trade secret owners to obtain such relief, especially when the publisher of the trade secret owes no duty of confidentiality to its rightful owner. Some trade secret owners have argued that trade secrets should be immune from First Amendment scrutiny, but there is no historical …


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

UC Law SF Communications and Entertainment 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 …


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

UC Law SF Communications and Entertainment 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

UC Law SF Communications and Entertainment 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 so …


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

UC Law SF Communications and Entertainment 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.


Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal Jan 2001

Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The History Behind Athlete Agent Regulation And The Slam Dunking Of Statutory Hurdles, Diane Sudia Jan 2001

The History Behind Athlete Agent Regulation And The Slam Dunking Of Statutory Hurdles, Diane Sudia

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack Jan 2001

Standing In Front Of The Disabled: Judicial Uncertainty Over Enhanced Sightlines In Sports Arenas, James Kurack

Jeffrey S. Moorad Sports Law Journal

No abstract provided.