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2009

Entertainment, Arts, and Sports Law

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Articles 1 - 30 of 106

Full-Text Articles in Law

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon Dec 2009

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha Dec 2009

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley Dec 2009

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt Dec 2009

I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano Dec 2009

Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips Oct 2009

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …


The Death Of Law: A Cinematic Vision, Lance Mcmillian Oct 2009

The Death Of Law: A Cinematic Vision, Lance Mcmillian

University of Arkansas at Little Rock Law Review

No abstract provided.


Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox Oct 2009

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel Oct 2009

From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg Oct 2009

Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher Oct 2009

The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack Oct 2009

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas Oct 2009

“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney Sep 2009

Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney

West Virginia Law Review

No abstract provided.


Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz Jul 2009

Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz

University of Miami Business Law Review

No abstract provided.


Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman Jun 2009

Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman

Federal Communications Law Journal

The Internet has dramatically changed the methods by which people purchase tickets to events. In the past decade, the secondary ticket market has grown exponentially, and today the online ticket resale industry is valued at approximately $4 billion. Although there are consumer benefits to this industry growth, some of the industry practices have precipitated a consumer backlash. This was typified in 2007 when many parents, hoping to purchase tickets to the Hannah Montana "Best of Both Worlds Tour," watched as tickets sold out online in only a few minutes or less. Coupled with this episode was the Ticketmaster v. RMG …


Panel Ii: The Attacks Upon Statutory Damages And The "Making Available" Right--The Possible After-Effects On Big And Small Business Litigation Strategies, David Opderbeck, Hugh C. Hansen, Sherwin `. Siy, Donald B. Verrilli Jun 2009

Panel Ii: The Attacks Upon Statutory Damages And The "Making Available" Right--The Possible After-Effects On Big And Small Business Litigation Strategies, David Opderbeck, Hugh C. Hansen, Sherwin `. Siy, Donald B. Verrilli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy Jun 2009

The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager Jun 2009

Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Guerrilla Video: Potential Copyright Liability For Websites That Index Links To Unauthorized Streaming Content, Jason J. Lunardi Jun 2009

Guerrilla Video: Potential Copyright Liability For Websites That Index Links To Unauthorized Streaming Content, Jason J. Lunardi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The New Black: Trademark Protection For Color Marks In The Fashion Industry, Sunila Sreepada Jun 2009

The New Black: Trademark Protection For Color Marks In The Fashion Industry, Sunila Sreepada

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Cross-Licensing And Injunctions -- The Interplay Between Big Business, Small Business, And Non-Practicing Inventors, Katherine Strandburg, Lisa M. Ferri, John M. Griem, Jonathan Putnam Jun 2009

Panel I: Cross-Licensing And Injunctions -- The Interplay Between Big Business, Small Business, And Non-Practicing Inventors, Katherine Strandburg, Lisa M. Ferri, John M. Griem, Jonathan Putnam

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard Jun 2009

The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Better Late Than Never: The Legal Theoretical Reasons Supporting The Performance Rights Act Of 2009, Sunny Noh Apr 2009

Better Late Than Never: The Legal Theoretical Reasons Supporting The Performance Rights Act Of 2009, Sunny Noh

Buffalo Intellectual Property Law Journal

No abstract provided.


Paying The Price For Sports Tv: Preventing The Strategic Misuse Of The Fcc's Carriage Regulations, David Hutson Mar 2009

Paying The Price For Sports Tv: Preventing The Strategic Misuse Of The Fcc's Carriage Regulations, David Hutson

Federal Communications Law Journal

Cable companies and sports leagues have embarked upon parallel courses of vertical integration by creating and acquiring interests in cable sports networks. Cable companies carry regional sports networks (RSNs) on basic cable tiers. Some league-owned networks have sought high prices for carriage on basic tiers, causing some cable companies to balk because of the price increase they would have to pass on to consumers. The 1992 Cable Act prohibits cable companies from discriminating in carriage terms between affiliated and nonaffiliated networks. Cable companies that own RSNs are, therefore, left vulnerable to discrimination complaints by league-owned networks. This Note argues that …


Business Solutions To The Alien Ownership Restriction, Greg Snodgrass Mar 2009

Business Solutions To The Alien Ownership Restriction, Greg Snodgrass

Federal Communications Law Journal

The alien ownership restriction on broadcast licenses has had a profound effect on the entertainment industry over the past few decades. While the origins of the restriction were based on national security fears that no longer apply, the restriction is unlikely to be repealed without significant lobbying. Given the unlikelihood of repeal, this Note concludes that entertainment conglomerates should apply a two-pronged approach to overcome the barrier imposed by the ownership restriction. First, conglomerates should build powerful nonbroadcast superstations. Second, conglomerates should push the FCC to gradually loosen its application of the restriction. While this is not a perfect solution, …


“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau Mar 2009

“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau

Fordham Intellectual Property, Media and Entertainment Law Journal

This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the fifty-year term to a ninety-five-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of the …


Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls Mar 2009

Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls

Fordham Intellectual Property, Media and Entertainment Law Journal

The convergence of intellectual property protections afforded software, the fundamental liberty interests of voting rights of Americans and the conduct of voting machine vendors within an oligopolistic marketplace signals grave consequences for the public. In an election, Direct Recording Electronic voting machines (“DREs”) could be subject to malfunctions, inaccuracies and security problems. The DRE vendors have consistently failed to improve the voting machines or allow access for independent auditing and security testing. The vendors have operated collectively to maintain current inefficient output quality. Acting in concert to obtain higher pricing, the vendors operate against their individual self-interests, claiming proprietary protections. …


Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling Mar 2009

Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid Mar 2009

Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.