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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 31 - 60 of 136
Full-Text Articles in Entertainment, Arts, and Sports Law
Warning: Wearing Eyeglasses May Subject You To Additional Liability And Other Foibles Of Post-Diana Newsgathering: An Analysis Of California’S Civil Code Section 1708.8, David A. Browde
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards
The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Brooklyn Institute Of Arts And Sciences V. City Of New York: The Death Of The Subsidy And The Birth Of The Entitlement In Funding Of The Arts, Danielle E. Caminiti
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher
Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere
Defining New York’S Statutory Right Of Privacy: A Case Comment On Messenger V. Gruner + Jahr Printing And Publishing, Michael C. Hartmere
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Federal Communications Law Journal
The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …
A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle
A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle
All Faculty Scholarship
No abstract provided.
Suing The Devil: A Guide For Practitioners, Charles M. Yablon
Suing The Devil: A Guide For Practitioners, Charles M. Yablon
Articles
The essay humorously argues that suing the Devil is a viable legal strategy, challenging the perception of his invincibility. It provides a guide on navigating the procedural and substantive legal challenges involved, suggesting that the Devil's legal vulnerabilities make him a feasible target for litigation.
Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null
Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null
UC Law SF Communications and Entertainment Journal
Recent attempts by the California legislature to prevent abuses by the paparazzi have spotlighted the conflict between freedom of the press, which is considered essential to the survival of a democratic society, and the personal right of privacy, violation of which has proven harmful. This article compares California's Anti-Paparazzi law with proposed federal legislation. The author suggests an appropriate course of action for promoting the most effective form of federal legislation on the issue.
Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld
Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld
UC Law SF Communications and Entertainment Journal
This note examines the SEC's reaction to initial public offerings (IPOs) on the Internet during the late 1990's, explores benefits and concerns associated with IPOs in the Internet generally, and suggests ways in which the SEC should respond to such Internet IPOs. The author suggests that it is advisable for the SEC, given the likely continued increase in the use of the Internet for investment purposes, to step in and preempt state regulation of Internet IPOs, thereby giving smaller companies an increased opportunity to raise capital.
The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King
The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King
UC Law SF Communications and Entertainment Journal
In an attempt to resolve disputes between domain name registrants and trademark holders in various countries, the Internet Corporation for Assigned Names and Numbers (ICANN) has implemented a policy under which complaints can be lodged and an objective inquiry into the facts for parties can be assessed. This article attempts to examine cases filed to date to determine whether the ICANN Policy and Rules are being effectively used for their intended purpose. The author explores the features of a domain name, the history of the Internet and how the decision to privatize the administration of domain names was made. Also …
Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets
Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets
UC Law SF Communications and Entertainment Journal
Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.
Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan
Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan
UC Law SF Communications and Entertainment Journal
In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that it …
Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton
Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton
UC Law SF Communications and Entertainment Journal
In response to a vast concern about the widespread availability of pornographic materials on the Internet, the United States legislature passed the Communications Decency Act of 1996. Just prior to this legislation, the Australian government began investigating possible regulatory schemes for online content, culminating in the Broadcasting Services Amendment of 1999, which attempted to address the presence of pornographic material on the Internet. This article discusses, compares and analyzes the American and Australian systems of content regulation on the Internet and the effect that such legislation has had on content hosts.
Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi
Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi
UC Law SF Communications and Entertainment Journal
Although Japanese courts, specifically the Japanese Supreme Court in February of 1999, have taken recent steps to curtail insider trading in Japan, the spread of the Internet and new forms of communication technologies may make enforcement of insider trading regulations much more complex. Such activities have become increasingly difficult to detect, and for instance, there are many cases in the United States illustrating the possibility of abuse of the new technologies to promote securities crimes on the Internet. This Note explores the impact of new technologies on the insider trading problem in Japan. It presents the historical problems of insider …
Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini
Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini
UC Law SF Communications and Entertainment Journal
The question of whether claims construction in patent infringement cases should be decided by the judge or jury has been a matter of contention. This note examines the backdrop against which the United States Supreme Court deemed claim construction to be a matter of law solely for district court judges in Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. and Altheon Enterprises, Inc. The author asserts that Pitney Bowes, Inc. v. Hewlett-Packard Co., a recent Federal Circuit case, undermines the holding in Markman. The author argues that in light of the recent Pitney case, the United States Supreme Court …
New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate
New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate
UC Law SF Communications and Entertainment Journal
The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.
Us Media Law Update, Jonathan Weinberg
Us Media Law Update, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter
UIC John Marshall Journal of Information Technology & Privacy Law
The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
UIC John Marshall Journal of Information Technology & Privacy Law
This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …
Book Review: Youth Sports And The Law: A Guide To Legal Issues, Kirsten Hauser
Book Review: Youth Sports And The Law: A Guide To Legal Issues, Kirsten Hauser
Marquette Sports Law Review
No abstract provided.
International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman
International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman
UC Law SF Communications and Entertainment Journal
Copyright owners have become increasingly concerned with online copyright infringement by Internet service providers. As a result, lawmakers have attempted to determine the most appropriate mechanism by which to impose third party liability upon these ISPs. The internet makes it extremely difficult to identify online copyright infringement in general, and unfortunately, the task becomes even more difficult in the international context. This paper suggests that a practical solution to the problem might include creating international procedural guidelines, which would provide copyright owners with viable means to protect their rights. The authors compare international standards for ISP liability for third party …
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
UC Law SF Communications and Entertainment Journal
The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …
Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez
Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez
UC Law SF Communications and Entertainment Journal
The extent to which the government should have the ability to regulate "vice" products and activities, such as tobacco, alcohol and gaming, is extremely controversial. This article examines the commercial speech doctrine's "vice" advertising cases from 1986 through 1999 and the Central Hudson analysis. Remarkably, by 1999, the Court appears to have completely reversed its position regarding "vice" advertising, and in fact, it seems to have virtually eliminated the "vice" advertising distinction. As a result, it seems as though equal treatment is required under the First Amendment for all truthful, non-deceptive advertising for lawful products and services. The authors argue …
Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell
Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell
UC Law SF Communications and Entertainment Journal
Libraries have been presented with the perplexing problem of whether or not they should be required, or whether they are even allowed, to filter users' access (specifically children's access) to obscene and/or pornographic materials on the Internet. Such access could cause the public to accuse libraries of providing and tolerating obscenity. This note explores the potential chaos that open access to obscene and pornographic material on the internet may bring to the definition of community standards and the hoops that modem e-pornographers must jump through. The author discusses the basics of First Amendment law, analyzes the flaws in these doctrines …
High Stakes And Low Tides: The Fourth Circuit Gambles By Forbidding Riverboat Casinos In Casino Ventures V. Stewart, Shanna L. Peterson
High Stakes And Low Tides: The Fourth Circuit Gambles By Forbidding Riverboat Casinos In Casino Ventures V. Stewart, Shanna L. Peterson
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth
Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth
UC Law SF Communications and Entertainment Journal
This article examines the temporal remoteness aspect of copyright law's subconscious copying doctrine. Under this doctrine, copyright infringement defendants can be held liable for infringement, even if they believe that they independently created their work, if the defendants had access to the copyrighted work, the works are practically identical, and the degree of temporal remoteness - the time between access and subsequent creation of the infringing work - was low. The author analyzes the evolution of the subconscious copying doctrine from its inception in Fred Fisher, Inc. v. Dillingham to its recent interpretation by the Ninth Circuit in Three Boys …
Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan
Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan
UC Law SF Communications and Entertainment Journal
The information industries have become the center of national growth and opportunity. In the new information economy, intellectual property financing has assumed growing importance. This article suggests that area in urgent need of restructuring is secured financing law. Article 9 and the Revised Article 9 of the Uniform Commercial Code are incapable of effectively financing intellectual property. This article provides a summary of how intellectual property financing works and why it is more efficient to utilize the federal information statute. Additionally, this article provides a detailed description on the law governing the financing of intellectual property. The author argues that …
Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan
Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan
Seattle University Law Review
This Article will explore the concept of "due diligence investigation" for valuable art objects and the considerations that properly frame the scope of such an examination. The Article represents that because, as between a dispossessed owner and a good faith purchaser of artworks, equities are balanced in favor of the dispossessed owner, current law has imposed a higher standard of diligence on the purchaser. Thus, the Article will underscore the need for purchasers and collectors to conduct appropriate and comprehensive investigations into title of artworks they acquire or already possess and will demonstrate that a due diligence investigation is the …