Entertainment, Arts, and Sports Law Commons^™

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have …

Bringing Swirly Music To Life: Why Copyright Law Should Adopt Patent Law Standards For Joint Authorship Of Sound Engineers, Andrew Nietes

Fordham Intellectual Property, Media and Entertainment Law Journal

Geoff Emerick, acclaimed sound engineer for The Beatles, passed away in October of 2018. Emerick helped shape The Beatles’ sound and worked to create many of their most recognized songs, yet, under the current joint authorship standards he likely would not be considered an author of these songs. This Note details the work carried out by sound engineers in the music industry and describes how current joint authorship standards affect them. It then proposes a reinterpretation of joint authorship in the copyright statute to ease these standards by borrowing from another area of intellectual property law.

Standing Up For Stand-Up Comedy: Joke Theft And The Relevance Of Copyright Law And Social Norms In The Social Media Age, Hannah Pham

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article reveals that while social norms offer protection to stand-up comedians against joke theft within the stand-up comedy industry, they do little to prevent joke theft outside the traditional comedy community. Joke theft has risen with the increased popularity and use of social media. In particular, joke aggregators such as “The Fat Jew” take and publish on social media jokes by other comedians. In the social media world, the norms system underperforms. Norms do little to protect against joke theft by joke aggregators because they exist outside of the industry and are unaffected by norms governing stand-up comedians.

This …

Platform Society: Copyright, Free Speech, And Sharing On Social Media Platforms, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Disruption And Deference, Olivier Sylvain

Faculty Scholarship

Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …

League Ownership Of Teams, Conflicts Of Interest, And Personnel Exchanges, Lewis Kurlantzick, B.J. Pivonka

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Unreasonable Access: Disguised Issue Advocacy And The First Amendment Status Of Broadcasters, Kerry L. Monroe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Impact Of Next Generation Television On Consumers And The First Amendment, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

Consumers have access to an ever increasing inventory of video content choices as a result of technological innovations, more readily available broadband, new business plans, inexpensive high capacity storage and the Internet’s ability to serve as a single medium for a variety of previously standalone services delivered via different channels. They increasingly have little tolerance for “appointment television” that limits access to a particular time, channel and device. Access to video content is becoming a matter of using one of several software-configured interfaces capable of delivering live and recorded content anytime, anywhere, to any device and via many different transmission …

I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Faculty Scholarship

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …

E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik

Fordham Intellectual Property, Media and Entertainment Law Journal

The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection to …

Sports In America, John D. Feerick

Faculty Scholarship

A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …

Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini

Fordham Journal of Corporate & Financial Law

In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent to the Auschwitz death camp and …

Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trips Agreement: Helping Or Hurting Least Developed Countries’ Access To Essential Pharmaceuticals?, Marla L. Mellino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Sobering Conflict: The Call For Consistency In The Message Colleges Send About Alcohol, Marc Edelman, David Rosenthal

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Breaking Aro's Commandment: Recognizing That Inventions Have Heart, Bernard Chao

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Lecture: Innovation, Incentives, Competition, And Patent Law Reform: Should Congress Fix The Patent Office And Leave Litigation Management To The Courts?, Paul Michel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.