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1995

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Institution
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Articles 1 - 30 of 135

Full-Text Articles in Entertainment, Arts, and Sports Law

The Visual Artists Rights Act Of 1990: American Artists Burned Again, Robert J. Sherman Dec 1995

The Visual Artists Rights Act Of 1990: American Artists Burned Again, Robert J. Sherman

Cardozo Law Review

This Note explores those sections of VARA which specify the conditions under which a visual artist may waive the protection granted by the 1976 Copyright Act. Specifically, it discusses the waiver provisions which address the most troublesome protected works-works of art that are incorporated into buildings. Part I of this Note explains the evolution of droit moral doctrine in European copyright law, the role it plays in the Berne Convention, and a comparison between its application in Europe and the United States. Part II presents a discussion of the United States accession to the Berne Convention and the hurdles to …


When Is Time Brokerage A Transfer Of Control?  The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn Oct 1995

When Is Time Brokerage A Transfer Of Control?  The Fcc’S Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael E. Lewyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Dilution Doctrine:  Towards A Reconciliation With The Lanham Act, Elliot B. Staffin Oct 1995

The Dilution Doctrine:  Towards A Reconciliation With The Lanham Act, Elliot B. Staffin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Reverse Confusion:  Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson Oct 1995

Reverse Confusion:  Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rules Of The Road:  The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport Oct 1995

Rules Of The Road:  The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rico And The First Amendment:  Alexander V. United States, Bruno C. Bier Oct 1995

Rico And The First Amendment:  Alexander V. United States, Bruno C. Bier

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


It Had To Be Hue:  The Meaning Of Color “Pure And Simple”, Karin S. Schwartz Oct 1995

It Had To Be Hue:  The Meaning Of Color “Pure And Simple”, Karin S. Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Hard Cap Or Soft Cap:  The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine Oct 1995

Hard Cap Or Soft Cap:  The Optimal Player Mobility Restrictions For The Professional Sports Leagues, Alan M. Levine

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Trade Dress:  Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano Oct 1995

Trade Dress:  Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord Jul 1995

The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord

Indiana Law Journal

No abstract provided.


Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros May 1995

Fictionalizing Harassment—Disclosing The Truth, Maria L. Ontiveros

Michigan Law Review

A Review of Disclosure by Michael Crichton, and Bearing Witness: Sexual Harassment and Beyond—Everywoman's Story by Celia Morris


Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos May 1995

Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos

Michigan Law Review

A Review of Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein


The Last Butskellite, John D. Ayer May 1995

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White


From The Diamonds To The Courts: Major League Baseball V. The Commissioner, Lydia Lavelle Apr 1995

From The Diamonds To The Courts: Major League Baseball V. The Commissioner, Lydia Lavelle

North Carolina Central Law Review

No abstract provided.


Babe Ruth As Legal Hero, Robert M. Jarvis Apr 1995

Babe Ruth As Legal Hero, Robert M. Jarvis

Florida State University Law Review

No abstract provided.


Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin Apr 1995

Supreme Court Roundtable: Fogerty V. Fantasy, Inc. And Campbell V. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.


Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii Apr 1995

Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii

Federal Communications Law Journal

The tradition of watching the Sunday afternoon football game in front of the television began in 1939. Since then, sports broadcasting has become one of the most powerful revenue-building tools for both media and sports leagues alike. Sports programming is increasingly available only through cable and pay-per-view television, which limits viewers' access to free broadcast televised sporting events. Legislators have now directed the Federal Communications Commission to study the effects of paid access to sports broadcasts, with an eye toward protecting viewers' rights to free access to sports on television.

This Note explains the impact of the Sports Broadcasting Act …


Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz Apr 1995

Strange Fixation: Bootleg Sound Recordings Enjoy The Benefits Of Improving Technology, David Schwartz

Federal Communications Law Journal

Entrepreneurs have manufactured unauthorized sound recordings since the'turn of the century. At first, most of these recordings were counterfeits and copies of existing recordings. Starting in the late 1960s, a new genre of unauthorized recording, the "bootleg," found eager listeners, particularly among fans of rock music. Bootlegs offered music that was unavailable elsewhere such as concert recordings and unfinished studio recordings. The widespread availability of compact discs and ever improving recording technology means that some new bootlegs sound better than ever.

This Note explores the history of bootlegs and how copyright law has tried to come to grips with the …


Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry Mar 1995

Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard Mar 1995

Prejudgment Interest And The Copyright Act Of 1976, James L. Bernard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee Mar 1995

Imperishable Intellectual Creations: The Limits Of The First Sale Doctrine, I. Neel Chatterjee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky Mar 1995

The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson Mar 1995

The Privacy Debate: To What Extent Should Traditionally “Private” Communications Remain Private On The Internet?, Joel Reidenberg, Norman I. Silber, Peter D. Kennedy, Ronald Abramson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter Mar 1995

Qualitex Co. V. Jacobson Prods., Inc.: The Supreme Court “Goes For The Gold” And Allows Trademark Protection For Color Per Se, Daniel R. Schechter

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Berne, Cfta, Nafta & (And) Gatt: The Implications Of Copyright Droit Moral And Cultural Exemptions In International Trade Law, Stephen Fraser Jan 1995

Berne, Cfta, Nafta & (And) Gatt: The Implications Of Copyright Droit Moral And Cultural Exemptions In International Trade Law, Stephen Fraser

UC Law SF Communications and Entertainment Journal

Beginning with the United States' accession to the Berne Union in 1988-89, through the negotiations for the Canada-United States Free Trade Agreement (CFTA), the North American Free Trade Agreement (NAFTA), and the latest round of the General Agreement on Tariffs & Trade (GAIT), copyright law and its attendant industries have become important foci in the area of international trade. Although the United States may be the world leader in the dissemination of movies, television programs, music, and books and even though through Berne, CFTA, NAFTA, and GATT the United States has managed to obtain increased protection for copyrighted content, it …


The Growing Entertainment And Sports Industries Internationally: New Immigration Laws Provide For Foreign Athletes And Entertainers, Jon Jordan Jan 1995

The Growing Entertainment And Sports Industries Internationally: New Immigration Laws Provide For Foreign Athletes And Entertainers, Jon Jordan

University of Miami Entertainment & Sports Law Review

No abstract provided.


Bodyslam From The Top Rope: Unequal Bargaining Power And Professional Wrestling's Failure To Unionize, Stephen S. Zashin Jan 1995

Bodyslam From The Top Rope: Unequal Bargaining Power And Professional Wrestling's Failure To Unionize, Stephen S. Zashin

University of Miami Entertainment & Sports Law Review

No abstract provided.


Reconsidering Flood V. Kuhn, Stephen F. Ross Jan 1995

Reconsidering Flood V. Kuhn, Stephen F. Ross

University of Miami Entertainment & Sports Law Review

No abstract provided.


Squeeze Play: Workers' Compensation And The Professional Athlete, Stephen Cormac Carlin, Christopher M. Fairman Jan 1995

Squeeze Play: Workers' Compensation And The Professional Athlete, Stephen Cormac Carlin, Christopher M. Fairman

University of Miami Entertainment & Sports Law Review

No abstract provided.


Poetic Law: A Statement On Intent, Maxwell L. Stearns Jan 1995

Poetic Law: A Statement On Intent, Maxwell L. Stearns

Vanderbilt Law Review

In poetry, allegiance to the verse

Lends power to the message in the text

.it Shakespeare's consistency gave his words force

In Hamlet, in King Lear, and in Macbeth

. And yet upon us, free form's presence reigns

- Defenders claim, expands the poet's choice

Removing from the poet meter's chains,

Is likened to providing the mute, voice.

. . .