Entertainment, Arts, and Sports Law Commons^™

A Revisionist View Of Journalist's Privilege: Justice Powell, Branzburg And The "Proper Balance", William E. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 34, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright In Pantomime, Brian L. Frye

Cardozo Arts & Entertainment Law Journal

Why does the Copyright Act specifically provide for the protection of "pantomimes"? This Article shows that the Copyright Act of 1976 amended the subject matter of copyright to include pantomimes simply in order to conform it to the Berne Convention for the Protection of Literary and Artistic Works. It further shows that the Berlin Act of 1909 amended the Berne Convention to provide for copyright protection of "les pantomimes" and "entertainments in dumb show" in order to ensure copyright protection of silent motion pictures. Unfortunately, the original purpose of providing copyright protection to '"pantomimes " was forgotten. This Article argues …

Katherine Heigl V. Duane Reade: The Predicted Outcome And Insight Into New York Publicity Rights, Amy Delauter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductions, Tatsuya Adachi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Biblical Fool And The Brander: The Law And Economics Of Propertization In American Trademark Law, William P. Kratzke

Cardozo Arts & Entertainment Law Journal

Isaiah 35:8, which tells of 'fools" upon a highway who shall not err, became authority for the position that the Federal Trade Commission (FTC) should protect fools from deception. This Article examines the biblical passage in context and concludes that it does not support protection of unthinking, credulous people. Ensuing FTC orders based on witnesses' speculation of how fools would construe particular claims actually harmed fools. The FTC retreated Unfortunately, the objective of protecting fools from deception has taken over § 43(a) Lanham Act jurisprudence-but now sellers speculate in competitor lawsuits how fools will construe competitors' claims and undertake to …

Copyright Piracy And The Indian Film Industry: A "Realist" Assessment, Arpan Banerjee

Cardozo Arts & Entertainment Law Journal

In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a "realist" approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws from the New Legal Realism (NLR) movement. I will suggest a rough template for such an approach, referring to seven broad elements: a) international relations realism; b) contextualization of IP; c) contextualization of copyright; d) the views and interests of the film industry …

Oh The Drone-Abilities!: Hollywood's Drone Pursuit Heats Up And The Faa Can't Stop It, Matthew J. Strong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 35 (2016-17)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 35, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Of Patents And Cobras: Exposing The Problem Of Asymmetry, Katya Assaf

Cardozo Arts & Entertainment Law Journal

Patent law is about creating economic incentives to innovate. It grants the inventors of new, non-obvious, and useful technologies time-limited market exclusivity over their inventions. The idea behind this mechanism is to make socially desirable inventive activity privately profitable. As long as the invention withstands the patentability criteria, the inventor's contribution to technological progress is believed to justif the social costs associated with market exclusivity, such as premium prices, reduced variety, and deadweight losses. The Patent and Trademark Office (PTO) examines patent applications and decides whether the inventions in question fulfill these criteria.

Yet, as several scholars note, today many …

Tweeting #Justice: Audio-Visual Coverage Of Court Proceedings In A World Of Shifting Technology, Itay Ravid

Cardozo Arts & Entertainment Law Journal

The debate over whether to allow cameras into courtrooms refuses to fade away. In 2015 alone, U.S. federal courts completed a five-year experiment with cameras in courts, New Zealand published new guidelines for audio-visual coverage, and Scotland completely revised its former broadcast policy. These jurisdictions, and others around the globe, constantly struggle to design model practices that successfully balance freedom of the press, transparency, and public access to information, with rights to a fair trial and privacy. The constant need to rethink coverage policies can be attributed in large part to the advancement of technology, providing the media innovative tools …

Patent System Manipulation: Hedge Funds Abusing Ipr, Poor Patent Quality & Pharmaceutical Monopolies, Kenneth J. Costa

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 33 (2014-15)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Intellectual Property Securitization, Dov Solomon, Miriam Bitton

Cardozo Arts & Entertainment Law Journal

This Article aims to explore the securitization of intellectual property [hereinafter "IP"], introducing the promise of said financing method in the growing field of IP. In recent years, IP has become a major component of developed economics. Raising funds for research, development, and the creation of new inventions and works of authorship has never been an easy task. This Article, therefore, presents a review of securitization in the field of IP and in doing so makes a few major contributions. It offers a thorough discussion of securitization, its benefits, and its prominence over more traditional methods of financing, such as …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 33, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter, Mary Garner

Cardozo Arts & Entertainment Law Journal

This project is an empirical analysis of trademarks that have received rejections based on their "scandalous " nature. It is the first of its kind.

The Lanham Act bars registration for trademarks that are "scandalous" and "immoral." While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is …

Publicity Rules For Public Trusts, Allison Anna Tait

Cardozo Arts & Entertainment Law Journal

That museums are public trusts is a truism in academic discourse and industry discussion. What various commentators mean when they speak about museums as public trusts, however, is less clear. This Article untangles and analyzes the various meanings of "'public trust" and how these meanings translate into regulatory systems. I propose that two predominant meanings-the public resource and trust law meanings-jointly constitute the definition of a public trust, and that each meaning has a consequent regulatory framework. These definitional and regulatory frameworks coexist without conflict in most contexts. In the context of deaccessioning, however, they collide.

Deaccessioning-the practice of a …

Internet Protocol Television And The Challenge Of "Mission Critical" Bits, Rob Frieden

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Biometric Passwords And The Privilege Against Self-Incrimination, Kara Goldman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Piecemeal State Legislation: The Wrong Way To Divide The Internet Poker Pie?, Peter T. Busch

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Or Trade Dress? Toward Ip Protection Of Multisensory Effect Designs For Immersive Virtual Environments, Elii Cho

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Post U.S. V. Apple.: How Should Most-Favored Nation Clauses Be Treated Now?, Jennifer D. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

What's Love Got To Do With It? The Value Of Celebrity Status In Divorce Proceedings, Shanice Naidu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

School Of Hark Knocks - The Impact Of The Nfl Concussion Litigation, Elise Michael

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 33, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Taking Users' Rights To The Next Level: A Pragmatist Approach To Fair Use, Niva Elkin-Koren, Orit Fischman-Afori

Cardozo Arts & Entertainment Law Journal

Exceptions and limitations to the rights of copyright owners aim to promote copyright goals in a rapidly changing world. Policymakers are often faced with the choice of either adopting an open-norm, such as fair use, to facilitate flexibility and adaptability, or opt for a strictly defined list of exceptions and limitations to facilitate more certainty and predictability. So far, this binary choice between bright-line rules and vague standards has created a deadlock.

This paper argues that in order to promote a reasoned implementation of fair use and serve both the purpose of copyright law and the rule of law, courts …

Joinder And Early Discovery In Bittorrent Copyright Infringement Lawsuits, Stefan Mentzer, Michael La Marca

Cardozo Arts & Entertainment Law Journal

No abstract provided.