Law Commons^™

A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster

Vanderbilt Law Review

In many grocery stores, shoppers must look in two places to find cheese. The first cheese section is usually near the dairy case; the second is often a specialty cheese case located in the produce department. Why make harried supermarket shoppers rush back and forth between two locations to find what they need for a fondue? The most noticeable difference between the cheeses in the two cases is probably the price: cheeses in the specialty case are generally much more expensive. A second difference is the packaging: many cheeses in the dairy aisle are pre-grated, pre-shredded, or pre-sliced and individually …

Motion Picture Piracy: Controlling The Seemingly Endless Supply Of Counterfeit Optical Discs In Taiwan, Stephen K. Shiu

Vanderbilt Journal of Transnational Law

Annually, Hollywood loses roughly $3.5 billion dollars in revenue to optical disc piracy in Taiwan. Optical disc piracy involves the camcording or copying of motion pictures onto laserdiscs, digital versatile discs, or video compact discs. Through the U.S. Trade Representative's satellite enforcement offices in Taiwan and coordination with the Taiwanese legislature and enforcement agencies, the U.S. motion picture companies have been able to influence some change in the frequency and severity of optical disc piracy in Taiwan. This can be mainly attributed to the Motion Picture Association of America's alliance with the U.S. Trade Representative in placing Taiwan on numerous …

Moral Rights Protection In The United States And The Effect Of The Family Entertainment And Copyright Act Of 2005 On U.S. International Obligations, Brandi L. Holland

Vanderbilt Journal of Transnational Law

Alteration of a motion picture has become legal as a result of the Family Movie Act, an attachment to the Family Entertainment and Copyright Act approved by Congress and signed by the President in early-2005. The "family movie" provision, championed by U.S. Representative Lamar Smith, Chairman of the House Judiciary Committee's Internet and Intellectual Property Subcommittee, indemnifies any company that makes filtered versions of movies without authorization from the copyright owners. Proponents claim the bill is a way to put content-filtering back into the hands of individual families, while critics claim their copyrights are violated whenever a company redistributes their …

Cracks In The Great Wall: Why China's Copyright Law Has Failed To Prevent Piracy Of American Movies Within Its Borders, Jordana Cornish

Vanderbilt Journal of Entertainment & Technology Law

This note examines the current state of China's intellectual property rights protection as it relates to movie piracy. Part I examines the different types of film piracy occurring in China and the current severity of the problem for the United States motion picture industry. Part II traces the history of copyright law in China and examines China's commitments under the international copyright treaties it has signed with the United States and other nations through its recent accession to the WTO. Part III discusses why movie piracy in China is still on the rise despite these commitments and highlights why cultural, …

Scuffling For A Slice Of The Ringtone Pie: Evaluating Legal And Business Approaches To Copyright Clearance Issues, Carmen K. Yuen

Vanderbilt Journal of Entertainment & Technology Law

A cell phone goes off, but instead of "Brring," you hear the disco swirls of ABBA's "Money, Money, Money." The tune is rather revealing about the potential of the U.S. ringtone market. Consumers are enjoying an increased selection of MP3-quality ringtones, but the music industry is grappling with a host of legal complications. The new ringtone format is unprecedented, and copyright law offers little clarification on which royalties are due to whom. As a result, labels, publishers, ringtone companies and performing rights organizations are avoiding litigation, and negotiating innovative deals instead. Are private business solutions enough to resolve the ringtone …

Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is A Proper Deductible Expense For Non-Willful Copyright Infringers, Christine Ballard

Vanderbilt Journal of Entertainment & Technology Law

Case law is sparse on the issue of tax deductibility for non-willful infringers and, as such, cases representing copyright, patent, and trademark infringement have been used interchangeably in an attempt to develop a rule. It is necessary to point out, however, that there are different standards for obtaining and protecting these three different types of intellectual property. As such, this Note will first analyze the remedies available for copyrights, patents, and trademarks to determine whether different standards should apply regarding the deductibility of taxes from gross infringing revenue when determining actual damage awards. Next, this Note analyzes arguments that have …

Equal Protection In The World Of Art And Obscenity: The Art Photographer's Latent Struggle With Obscenity Standards In Contemporary America, Elaine Wang

Vanderbilt Journal of Entertainment & Technology Law

Part I of this article describes the initial hurdles that all visual art forms, including photography, face with respect to First Amendment protection given the power of visual imagery and the three-pronged test for obscenity set forth in Miller v. California. Of particular relevance is the "serious artistic value" prong of the Miller test and the problems inherent in determining who is to judge as well as how one might judge whether a work, particularly a photograph that may be construed to have a non-artistic function, possesses "serious artistic value."

Part II addresses the overall approach to photography in three …

A Winner Is Who? Fair Use And The Online Distribution Of Manga And Video Game Fan Translations, Jaime E. Muscar

Vanderbilt Journal of Entertainment & Technology Law

This note examines the legality of fan translations of Japanese comic books, known as manga, and video games distributed over the Internet, with special consideration given to the application of the fair use doctrine. Technology related to the distribution of media online grows exponentially compared to the law governing this technology. Although much recent litigation has limited the online distribution of traditional media, both copyright holders and courts have largely ignored a fringe segment of this distribution. This fringe includes manga and video games. Manga can be easily shared online by scanning images, and video games are now frequently converted …

D.I.Y. After Dastar: Protecting Creators' Moral Rights Through Creative Lawyering, Individual Contracts And Collectively Bargained Agreements, Rick Mortensen

Vanderbilt Journal of Entertainment & Technology Law

Part I examines the scope of Dastar and argues that it is sufficiently narrow to permit some false attribution claims based on section 43(a) of the Lanham Act. As support, Part I examines district court cases after Dastar as well as pre-Dastar attribution cases that are still arguably good law. Part II examines the Second Circuit case of Gilliam v. ABC, Inc., in which the Monty Python comedy troupe successfully enjoined ABC from showing a mutilated copy of its work, as a model for pursuing right of integrity claims. Part II will show that this case is still good law, …

Creative Industries In Developing Countries And Intellectual Property Protection, Lauren Loew

Vanderbilt Journal of Entertainment & Technology Law

International intellectual property law (hereafter referred to as IP law) has an increasingly important significance for international trade and relations. From the music industry to the drug industry, intellectual property is a lucrative market, and both individuals and corporations have a lot to lose from the infringement of intellectual property rights. For example, music is a $40 billion worldwide industry. According to the Recording Industry Association of American (RIAA), the music industry loses approximately $4.2 billion each year to worldwide piracy. Although these facts bring to light the economic losses of industries and individuals from IP infringement, the global community …

Video Game Music: Where It Came From, How It Is Being Used Today, And Where It Is Heading Tomorrow, Michael Cerrati

Vanderbilt Journal of Entertainment & Technology Law

This article addresses the many facets of the video game industry and the exceptional role that music has played and continues to play in this expanding industry. Part I tracks the history of music's role as video games developed over the years. Part II discusses the manner in which music is obtained for use in video games and the contractual setting in which this takes place. Part III comments on the current state of the video game industry, exploring ways to shift the paradigm from one that is publicity-driven, to one that recognizes the importance of music. The final section, …

Frozen In Time? New Technologies, Fixation, And The Derivative Work Right, Patrick W. Ogilvy

Vanderbilt Journal of Entertainment & Technology Law

This note will explore the adequacy of the scope of the derivative work right as it applies to new technologies and discuss how that right should be expanded to compensate for technological developments not foreseen when the current Copyright Act was enacted in 1976. The note will also provide a recommendation that could resolve all of the issues raised throughout. Part I provides a more detailed background of the jump-and-skip technology being used as an example to represent all referencing works. Part II first discusses and analyzes the present state of the derivative work right. It then addresses the purposes …

My Patent, Your Patent, Or Our Patent? Inventorship Disputes Within Academic Research Groups, Sean B. Seymore

Vanderbilt Law School Faculty Publications

The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend that the inventive entity is not discovered but rather determined in and through social relationships. Although universities should always strive to promulgate policies which fully comport with the law, the biggest incentive for universities to insist on correct inventorship is financial. I argue that the rise in mentee claims for sole or joint inventorship, as well as the ever-present threat of an inequitable conduct defense in …

Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?, Jasmina Zecevic

Vanderbilt Journal of Entertainment & Technology Law

Part I of this paper discusses the characteristics that make literary characters especially difficult to protect. Part II describes the historical treatment of literary characters and the two main tests used to determine whether they are entitled to independent copyright protection. Part III demonstrates that the two tests currently used are not adequate tools for determining when copyright law protects literary characters. Part IV explores the possibility of using trademark and unfair competition laws to offer partial protection to fictional characters. Part V presents an argument that literary characters do not need independent protection because they are already sufficiently protected …

Spam Vs. Ms. Piggy: An Entertainment Law Cautionary Tale, Candi Henry

Vanderbilt Journal of Entertainment & Technology Law

In terms of blockbusters, 1996 was a good year for film. Action-packed movies like Twister, Independence Day, and Mission Impossible competed for ticket sales with popular comedies Jerry Maguire, The First Wives Club, and The Birdcage. The critical favorite, The English Patient, also made a strong showing. Together, those films grossed almost $1.2 billion in domestic ticket sales alone, yet it was the modestly-performing family flick, Muppet Treasure Island that arguably made the biggest impact in entertainment law that year. That impact was not, however, the result of a landmark ruling. Rather, Hormel Foods Corporation v. Jim Henson Productions serves …