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Articles 1 - 30 of 111
Full-Text Articles in Law
The Sample Solution: How Blockchain Technology Can Clarify A Divided Copyright Doctrine On Music Sampling, Angelo Massagli
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
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
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.
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.
When Sports Stand Against Human Rights: Regulating Restrictions On Athlete Speech In The Global Sports Arena, Faraz Shahlaei
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
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 …
Time's Up: Addressing Gender-Based Wage Discrimination In Professional Sports, Nicole Zerunyan
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
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
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
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 …
Filter Wars: The Fight To Determine Filtering Rights Under The Family Movie Act And The Digital Millennium Copyright Act, Amanda Garcia
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
"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
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
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
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
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
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
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
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
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.
Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii
Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii
Indiana Journal of Global Legal Studies
In the digital era, interactive streaming is now the preferred method for music consumers to access their favorite albums and songs. The traditional copyright system used to administer music rights and royalties has not evolved accordingly, which not only impedes progress by music platform innovators, but also frustrates artist, labels, and composers who are unable to reap the benefits of their music rights. This Note examines the complex process interactive streaming services undergo to obtain the rights necessary to stream music through their platforms, which involves a discussion of collective rights organizations. This Note then argues that the European Directive …
America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre
America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre
Indiana Journal of Global Legal Studies
As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the …
Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey
Brooklyn Journal of International Law
Following the investigation of a Russian state-sponsored doping ploy prior to the Olympic Games in Rio 2016; the International Olympic Committee (IOC) decided against a blanket ban of the Russian Olympic team. Instead; it allowed athletes’ individual international federations to decide whether Russian athletes could compete. In following the various anti-doping laws in place; the IOC sought to protect and give justice to clean athletes around the world. This Note argues that they did not achieve this result; due to the anti-doping laws in place and the actors applying these laws. It suggests that there should be a universal anti-doping …
Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal
Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal
The Business, Entrepreneurship & Tax Law Review
The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, limits on the share of grosses Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that Chinese filmmakers …
Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman
Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman
Brooklyn Journal of Corporate, Financial & Commercial Law
The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact, including the …
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith
Cleveland State Law Review
Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow …
Collection And Ownership Of Minor League Athlete Activity Biometric Data By Major League Baseball Franchises, Nicholas Zych
Collection And Ownership Of Minor League Athlete Activity Biometric Data By Major League Baseball Franchises, Nicholas Zych
DePaul Journal of Sports Law
No abstract provided.
The Muhammad Ali Expansion Act: The Rise Of Mixed Martial Arts And The Fight That Lies Ahead, Brandon Weber
The Muhammad Ali Expansion Act: The Rise Of Mixed Martial Arts And The Fight That Lies Ahead, Brandon Weber
DePaul Journal of Sports Law
No abstract provided.
Smart Contract Integration In Professional Sports Management: The Imminence Of Athlete Representation, Joshua Bernstein
Smart Contract Integration In Professional Sports Management: The Imminence Of Athlete Representation, Joshua Bernstein
DePaul Journal of Sports Law
No abstract provided.