Law Commons^™

On The Ropes: New Regulations And State Cooperation Step Into The Ring To Protect Boxing From Itself, David Altschuler

Vanderbilt Journal of Entertainment & Technology Law

It is the central thesis of this Note that the NAAGs recommendations represent the necessary linchpin in creating a coherent regulatory regime for ensuring that professional boxing is both safe and legitimate. In order to place a discussion of regulatory solutions in a proper frame, this Note begins by describing the problems that have long plagued professional boxing. This Note next explicates two federal laws designed to redress the corruption and abuses lawmakers found to be inherent in professional boxing. These laws are the Professional Boxing Safety Act ("PBSA") and the Muhammad Ali Boxing Reform Act ("Ali Act"). This Note …

Privacy, Eh! The Impact Of Canada's Personal Information Protection And Electronic Documents Act On Transnational Business, Juliana M. Spaeth, Mark J. Plotkin, Sandra C. Sheets

Vanderbilt Journal of Entertainment & Technology Law

In 2002, the requirements imposed by PIPEDA will extend to encompass all personal health information. PIPEDA will ultimately extend to the collection, use, or disclosure of all personal information in the course of any commercial activity within a province in 2004. This change in Canadian law carries significant consequences for the general business practices of American companies that conduct, or may conduct, business with Canadians. It is therefore crucial for lawyers with clients collecting personal data on- and offline to familiarize themselves with its requirements in order to counsel clients effectively about their current and future obligations under this privacy …

Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

From Subway Stations To The Information Superhighway: Compliance Strategies For Musicians To Avoid The Worldwide Entanglement Of Privacy Laws, Yvenne M. King

Vanderbilt Journal of Entertainment & Technology Law

In light of the fact that operating a website raises many complex legal issues covering numerous areas of law, this Article focuses on one area that musicians, as website owners, should address: their potential liability for third-party claims based upon violation of consumer privacy laws. This Article first discusses the importance for musician website operators of protecting consumers' privacy rights. Second, it addresses the need to establish a "global privacy compliance plan" to limit musicians' legal liabilities. Finally, it explains how musicians can go about creating such a plan by developing "minimum guidelines" and "privacy practices." ... For purposes of …

Nfl General Counsel Adolpho Birch Speaks On The Nfl's Drug Policy, Adolpho Birch, Journal Of Entertainment & Tech. Law Editor

Vanderbilt Journal of Entertainment & Technology Law

Our standards are set in stone and frankly I think that's the best way to do it. The Commissioner obviously has discretion to alter the discipline, but it is not the type of discretion that is used lightly. It is better in our view to have a defined system with delineated consequences that occur from the use of a prohibited substance. For example, a positive test for a performance-enhancing substance nets a four-game suspension without pay. That is the rule for a first violation and everybody knows it. And when it happens to you, you will be treated the same …

The Electronic Jungle: The Application Of Intellectual Property Law To Distance Education, Jon Garon

Vanderbilt Journal of Entertainment & Technology Law

The tension between academic institutions as creators and consumers of intellectual property seems to be most directly felt in the new areas of distance education. Despite the significant opportunities to use new media to expand the reach of the classroom to an ever-growing body of students, concerns regarding copyright, trademark and defamation law continue to limit and dictate what schools attempt to do. These limitations are more directly felt by individual instructors, who must enforce appropriate usage policies for their students, create copyrighted materials and negotiate with their schools over the ownership of the valuable content created.

This Article has …

Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi

Vanderbilt Journal of Entertainment & Technology Law

This Note illustrates the legal action necessary to secure a high school underclassman's eligibility to compete in the NBA. Following the precedent established by Spencer Haywood in his suit against the NBA, a case factually analogous to the present issue, the NBA faces an anti-trust action alleging a group boycott in violation of Section I of the Sherman Act. However, incorporating the high school graduation rule into a collective bargaining agreement precludes a straightforward antitrust analysis and necessarily implicates the nonstatutory labor exemption. This Note suggests that even under an analysis favorable to the challenging preparatory player, the nonstatutory exemption …

The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the recent investigation conducted by the Federal Trade Commission ("FTC" or "Commission") and its 2001 Follow-Up to that inquiry. The September 2000 Report ("Report") concluded that the entertainment industry intentionally and aggressively advertises both R and PG-13 movies to children under the age of 18. As a solution, the FTC recommended self-regulation by the entertainment industry. The 2001 Follow-Up to the Report ("Follow-Up") found that although the movie industry has made progress, a greater effort must be exerted to successfully eliminate the marketing of violent entertainment to children.' Both the Report and the Follow-Up demonstrate that self-regulation …

Reacting To Ashcroft V. Free Speech Coalition And The Burial Of The Cppa: An Argument To Regulate Digital Child Pornography Because It Incites Imminent Lawless Action, Justin Leach

Vanderbilt Journal of Entertainment & Technology Law

Part I discusses the nature and origin of digital child pornography and how child pornography has traditionally fit into First Amendment analysis. Part II discusses Congress' reaction to digital innovations in child pornography by passing the Child Pornography Prevention Act and, Part II further explains the federal appellate courts' treatment of the CPPA. Part III discusses the history and arguments made for each side in Ashcroft v. Free Speech Coalition. Part IV discusses the legal and constitutional analysis of the Supreme Court in striking down the regulations that banned digital child pornography. Finally, Part V makes an additional constitutional argument, …

Book Publishing In The Age Of The E-Book, Nancy B. Vermylen

Vanderbilt Journal of Entertainment & Technology Law

Whatever role e-publishing is ultimately to assume in the publishing world, its emergence calls for the (re)evaluation of significant legal issues affecting the contractual relationship of authors and publishers. This Note identifies some of those issues, and where appropriate, suggests some tentative solutions. Part II of this Note sets e-publishing and the concerns it raises in context by providing a brief discussion of the traditional book publishing industry and the roles that publishing contracts and personal relationships play in that industry. Part III provides an introduction to the emerging world of e-publishing and e-books. Part IV discusses the legal issues …

Bringing Down A Giant: The Monopoly Of Music Television, Margaret Brown

Vanderbilt Journal of Entertainment & Technology Law

This note details a history of Viacom, MTV and the dispute with Soul Train; explores some key aspects of antitrust law; applies this law to the facts of the Viacom case; and asks the courts to evaluate non-compete agreements under a different standard in the context of the music industry.

The Peer-To-Peer Revolution: A Post-Napster Analysis Of The Rapidly Developing File Sharing Technology, Joseph A. Sifferd

Vanderbilt Journal of Entertainment & Technology Law

This Note will focus on A&M Records, Inc. v. Napster, Inc. and will include an analysis of copyright law applicable to the legality of the incipient peer-to-peer file-sharing technology. The first section provide a brief factual history and introduction to the Napster legal discussion. The second Section of this Note will include a survey of relevant copyright doctrines, followed by a discussion of the Ninth Circuit's analysis of these doctrines as applied to the facts presented in "Napster." Finally, I will address the future of the peer-to-peer phenomenon, including a review and analysis of different types of peer-to-peer networks that …

E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses an aspect of this fundamental question in the context of one provision of the FECA. The FECA's identification requirement, section 441d, prohibits anonymous communications via mass media when any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of clearly identified candidates. The mass media included are broadcast, print, direct mail, outdoor advertising facilities, and any other general public political advertising. Communications triggering this provision must contain clear information identifying who paid for and who authorized them. The statute delineates three possible required disclosures: (1) that the communication has been …

The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons

Vanderbilt Journal of Entertainment & Technology Law

College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.

Part II of this Note will begin by …

Co-Productions: The Future Feature, Jenica Yurcic

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that California should devise an incentive plan to attract film production projects rather than take a defensive posture to deter film flight. The objective of the incentive plan is to consolidate government funding while capitalizing on California's film marketing and distribution expertise, as well as the growing demand for digital post-production services. In an increasingly global film industry, this incentive plan would lower the bottom-line of international productions. The prospect of earning increased profits through international production efforts should attract more business to the California film industry. However, while such a business plan is easy to envision, …

The Impact Of State Prohibitions Of Punitive Damages On Libel Litigation: An Empirical Analysis, Dennis Hale

Vanderbilt Journal of Entertainment & Technology Law

This Article explores the role of punitive damages in media libel cases by measuring the quantity and quality of libel appeals for a ten-year period in states with and without punitive damages. Specifically, the Article identifies appellate court decisions for media libel cases over a ten year period from 1986 to 1995, comparing five states with punitive damages (Alabama, New Mexico, South Carolina, South Dakota and Tennessee) to five states without punitive damages (Louisiana, Massachusetts, Nebraska, Oregon and Washington). Each appeal of a federal or state media libel case was coded for the following characteristics: year, whether the media won …

End Game: Ex Parte Seizure Process And The Battle Against Bootleggers, Lucas G. Paglia, Mark A. Rush

Vanderbilt Journal of Entertainment & Technology Law

This Article presents a broad overview of the exparte seizure process, what it is and how it can be deployed by trademark owners to shut down counterfeiters. It first discusses the general structure and mechanics of the TCA. It then proceeds to discuss some important areas of practical concern with respect to proceedings under the Act. The Article concludes by providing a hypothetical case study of the ex parte seizure process in action.

Filmmakers Beware: Protecting Profits Through International Licensing Agreements, Harris E. Tulchin

Vanderbilt Journal of Entertainment & Technology Law

The discussion that follows provides a description of the typical license terms and a more in-depth treatment of three areas of primary importance to the agreement: (1) release requirements; (2) licensed rights terms; and (3) payment obligations. The agreement usually begins with a short description of the particular motion picture licensed, the title, and the key creative elements such as its stars, director, writer, and producer. It states the country or territory to which the motion picture is licensed. The agreement will generally provide for an overall term of a number of years from the availability of certain delivery materials, …

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …

Emerging Issues In Sports Law: Symposium Transcript, Steve Underwood, Christopher Whitson

Vanderbilt Journal of Entertainment & Technology Law

First we manage our litigation and clients. And we have a wide range of claims and suits to take care of. There are league-wide suits. There are labor arbitrations. There are player suits, from time-to-time. And you know the Corey Stringer case that's been filed in Minnesota, for example. We had a somewhat similar experience a few years ago that ended up as a ... cert. denied case of the United States Supreme Court, Smith v. Houston Oilers, a 1996 Fifth Circuit case .... We have a lot of workers' comp problems in our business. Our workcomp expense this year …