Law Commons^™

The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli

University of Miami Business Law Review

This article will examine how blockchain technology can clarify the complex and inconsistent judicial approach to the copyright doctrine regarding music sampling. As it stands today, circuit courts are divided over how to handle copyright infringement stemming from unlicensed music sampling. The first approach is simple: if you want to sample, get a license. The second approach is more lenient and applies a de minimis standard that forces courts to make fact sensitive, case–by–case decisions regarding whether or not the sample of the original work is sufficient enough to be defined as an infringement. The reason for this split in …

The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello

University of Miami Business Law Review

This paper will address the problem that is currently being confronted by the Walt Disney World Company; who owns the creative works made from software stolen from the original creator? Furthermore, does the court’s application of the “lion’s share” theory effectively further the Constitution’s intent to promote the growth of arts and sciences? By looking at the historical progression of intellectual property law and the holdings of key cases in copyright law, this paper will distill into a summary of key concerns the jurisprudence regarding associating property rights in intellectual property. By narrowing the key considerations of the court, this …

Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram

Northwestern Journal of Law & Social Policy

No abstract provided.

Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Intellectual Property In Experience, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.

Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that …

It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos

Journal Articles

No abstract provided.

When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei

Loyola of Los Angeles Entertainment Law Review

Even after the International Olympic Committee’s quick and harsh response to the “black power salute” in the 1968 Olympic Games— positing that the apolitical Olympic Games were not a suitable venue for domestic political statements—athletes continued using their platform to protest human rights violations. Should such conduct be allowed? Are athletes entitled to display their political opinions on the field? Or should athletic organizations be allowed to regulate their athletes’ protests and political speech in the arena? On the one hand, freedom of speech is a fundamental human right. On the other, sports have a long history of remaining apolitical—limiting …

Santopietro V. Howell's Misstep And The Need To Correct The Preventable Adverse Impact Of Vendor Licensing Laws On Street Performers' Expressive Conduct, Stephen Touchton

Loyola of Los Angeles Entertainment Law Review

Street performers and artists who engage in expressive activity in traditional public fora are often adversely impacted by the enforcement of vendor licensing laws. Cited, arrested, or negatively impacted in other ways for selling their goods or services, street performers and artists have brought First Amendment challenges to the enforcement of these laws against them. The Ninth Circuit’s recent opinion in Santopietro v. Howelland the Second Circuit’s opinion in Bery v. City of New York demonstrate how courts’ varied approaches to these challenges have led to inconsistent results.

This Comment first discusses why and how local governments should directly address …

The Law Of Advertising Outrage, Mark Bartholomew

Journal Articles

This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a consumer backlash. …

Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan

Loyola of Los Angeles Entertainment Law Review

Gender-based wage discrimination in professional sports is wide-spread. Female athletes, competing individually or as part of a team, are consistently paid substantially less than their male counterparts. To combat such discrimination and eliminate the gender pay gap, Congress passed the Equal Pay Act (“Act”) in 1963. While born of good intentions, the Act falls drastically short of its intended goal. Its restrictive language—specifically, its “same establishment” requirement—excludes separately owned teams. As most men’s and women’s professional sports teams are separately owned, their players are effectively barred from bringing wage-discrimination claims. This Note proposes two ways of addressing that issue: (1) …

Fourth Circuit Fumbles The Ball: Spirit Of Disability Rights Compromised In The Wake Of Class V. Townson University, Dave Peterson

Loyola of Los Angeles Entertainment Law Review

The Fourth Circuit’s recent decision in Class v. Towson University threatens the rights guaranteed to disabled persons under the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973 (“Rehab Act”). The Acts demand that disabled persons not be excluded from activities based on unsubstantiated paternalistic concerns, and, where exclusion occurs, the Acts entrust courts to evaluate whether exclusion was warranted in light of the best available objective evidence. This Comment argues that by deferring to the speculative fears and subjective judgment of Towson University—the very entity accused of violating the ADA and Rehab Act in Class …

A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello

Brooklyn Law Review

Due to the rapid growth of the secondary resale market, purchasing tickets at their face-value price is becoming a fleeting expectation. While ticket scalping has existed quite possibly as long as tickets themselves have, innovations in invasive purchasing practices are leading to unprecedented profit margins for ticket scalpers and a greater distance between consumers and the original ticket sale. With ticket scalpers employing advanced ticket purchasing software, referred to as bots, consumers are left with no option but to surrender to steep resale prices, which often have no ceiling. Though ticket scalping regulation has developed, these legislative efforts have been …

Loopholes, Licensing, And Legislation: Considering The Needs Of People With Disabilities In The Autonomous Vehicle Revolution, Caroline Glennie-Smith

Loyola of Los Angeles Entertainment Law Review

Self-driving vehicles have the potential to revolutionize transportation for all Americans and will be especially beneficial for the more than fifty-seven million Americans with a disability. This Note offers a primer on a rapidly-developing area of law and policy that will permanently alter how Americans interact with transportation. While public availability of autonomous vehicles is anticipated as early as next year, widespread use of these vehicles is likely at least a decade away. The lag between current-day prototypes and future widespread public availability provides lawmakers, self-driving vehicle manufacturers, and the disability community an important opportunity to work together to shape …

Scènes À Faire As Identity Trait Stereotyping, Jasmine C. Abdel-Khalik

Faculty Works

Judge Learned Hand's decision in Nichols v. Universal Pictures is unquestionably seminal in the development of copyright law. For the first time, a court articulated that stock characters, a form of scènes à faire, are so fundamental that all should have access. Therefore, a stock character, like one defined simply as a butcher with a cleaver and in a white coat, is not copyright protectable material.

However, the specific stock characters identified by Judge Hand raise some previously unexplored questions. The decision identifies two stock characters: "the low comedy Jew and Irishman." What exactly is “the low comedy Jew and …

Filter Wars: The Fight To Determine Filtering Rights Under The Family Movie Act And The Digital Millennium Copyright Act, Amanda Garcia

Loyola of Los Angeles Entertainment Law Review

The development of filtering and streaming technology over the last twenty years has put in to question the purpose and intent of legislation meant to encompass those technologies. This Comment considers the exclusive rights of copyright owners in their protected works, and the circumvention of the encryptions placed on DVD and Blu-Ray discs to prevent the unauthorized decryption, filtering, and streaming of those works. This Comment will weigh the rights of creators of expressive works, such as films and television shows, against the rights of the purchasers to filter the works. A new defense to circumvention liability will be raised …

Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr

Chicago-Kent Law Review

No abstract provided.

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used to …

Indigenous Appropriation And Protections Provided By Intellectual Property Law, Kadeidra Baker

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Applying The Statutory Cover License To Mashup Covers And Medleys, Paulina Lopez

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Million Dollar Babies Do Not Want To Share: An Analysis Of Antitrust Issues Surrounding Boxing And Mixed Martial Arts And Ways To Improve Combat Sports, Daniel L. Maschi

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

When The Ink Dries, Whose Tatt Is It Anyway? The Copyrightability Of Tattoos, Chandel Boozer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

A Huge Win For Equal Pay: Women's National Teams Grab Their Biggest Victories Yet In Recent Contract Disputes, Patrick C. Coyne

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States, Christopher Polisano

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Claim Game: Analyzing The Tax Implications Of Student-Athlete Insurance Policy Payouts, Kathryn Kisska-Schulze, Adam Epstein

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Mls Promotion! Can Mls's Single Entity Status Protect It From "Pro/Rel"?, Brendan H. Ewing

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

2001 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2000 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2002 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2003 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2006 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.