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Entertainment, Arts, and Sports Law Commons™
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Articles 151 - 166 of 166
Full-Text Articles in Entertainment, Arts, and Sports Law
Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am
Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Copynorms," Black Cultural Production, And The Debate Over African-American Reparations, K. J. Greene
"Copynorms," Black Cultural Production, And The Debate Over African-American Reparations, K. J. Greene
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand
Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell
Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sabam V. S.A. Tiscali (Scarlet); District Court Of Brussels, No. 04/8975/A, Decision Of 29 June 2007, Fran Mady, Julien Bourrouilhou, Justin Hughes
Sabam V. S.A. Tiscali (Scarlet); District Court Of Brussels, No. 04/8975/A, Decision Of 29 June 2007, Fran Mady, Julien Bourrouilhou, Justin Hughes
Cardozo Arts & Entertainment Law Journal
SABAM v. Scarlett is a June 29, 2007 decision from a Belgian trial court ordering an ISP in that country to install filtering software to prevent the ISP's users from accessing unauthorized music downloads via peer-to-peer systems. The court made this order following an expert report on the feasibility of such filtering. The decision has generated a fair amount of controversy and this translation is intended to provide intellectual property teachers and practitioners with a citable, English source for the opinion. Users are welcome to reproduce the translation, in whole or in excerpts, for any non-profit educational, non-profit research, or …
Foreign Music Acts And United States Taxation, Aninda Dhar
Foreign Music Acts And United States Taxation, Aninda Dhar
Cardozo Arts & Entertainment Law Journal
No abstract provided.
What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein
What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Three-Dimensional Objects As Marks: Does A "Dark Shadow" Loom Over Trademark Theory?, Amir H. Khoury
Three-Dimensional Objects As Marks: Does A "Dark Shadow" Loom Over Trademark Theory?, Amir H. Khoury
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Never Ending Seizure Order: How Courts Have Granted Immortality To Congress's Mayfly, Steven N. Baker
The Never Ending Seizure Order: How Courts Have Granted Immortality To Congress's Mayfly, Steven N. Baker
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Evaluation Of The Dilution-Parody Paradox In The Wake Of The Trademark Dilution Revision Act Of 2006, Justin J. Gunnell
Evaluation Of The Dilution-Parody Paradox In The Wake Of The Trademark Dilution Revision Act Of 2006, Justin J. Gunnell
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Nestlé Schweiz Ag V. Masterfoods Ag; Swiss Federal Supreme Court, No. 4p.222/2006, Decision Of December 21, 2006, Tom Braegelmann, Neil Conley
Nestlé Schweiz Ag V. Masterfoods Ag; Swiss Federal Supreme Court, No. 4p.222/2006, Decision Of December 21, 2006, Tom Braegelmann, Neil Conley
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone
College of the Pacific Faculty Articles
In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead fitness programs. …
Take The Training Wheels Off The League: Major League Soccer's Dysfunctional Relationship With The International Soccer Transfer System, Omar H. Ayad
Vanderbilt Journal of Entertainment & Technology Law
Currently in its eleventh season, Major League Soccer (MLS) is struggling to establish its identity and niche in the international soccer community. In particular, issues of player control and transfer regulations continue to distinguish and alienate the league from the elite soccer associations of Europe, as well as the overall global soccer community. Since Fraser v. Major League Soccer, the league has been defined as a single entity and, thus, is free to wield substantial control over player contracting and placement, while avoiding charges of monopolistic behavior. MLS has taken advantage of this freedom when executing international transfers of MLS …
Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller
Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller
All Faculty Scholarship
The state action doctrine has as its central goal the preservation of liberty by limiting the intrusion of the government into the "private" sphere. It achieves this by applying the Constitution only to government, and not private, action. Traditionally, amateur sports regulators such as the National Collegiate Athletic Association (NCAA) and the United States Olympic Committee (USOC) have been viewed by courts as private. As a result, this article explains that courts generally give great deference to amateur sports organizations such as the NCAA and USOC to regulate sports with little judicial interference, including in the area of constitutional litigation. …
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller
All Faculty Scholarship
This Article is about the United States Government trading off athletes' constitutional rights in the pursuit of national prestige through sport. The Olympic Movement has for decades provided an incentive for governments of all ideologies to use elite athletes to enhance national prestige or demonstrate national supremacy. This phenomenon is commonly known as "sportive nationalism." Unlike countries such as the former East Germany and Soviet Union, the United States Government has not readily acknowledged its own practice of sportive nationalism, preferring instead to assert that Olympic Movement sport in the United States is a private endeavor. This Article, however, demonstrates …
Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg
Recent Developments In Us Copyright Law – Part Ii, Caselaw: Exclusive Rights On The Ebb?, Jane C. Ginsburg
Faculty Scholarship
The 1976 Act announces broad exclusive rights, offset by a myriad of specific exemptions, and one wide exception for "fair use." In words and intent, the exclusive rights are capacious, but new technologies may have caused some of the general phrases to become more constraining than might have been expected from a text whose drafters took pains to make forward-looking. Thus, the scope of the reproduction right turns on the meaning of "copy;" the reach of the distribution right on "distribute copies" and "transfer of ownership;" the range of the public performance right on "public" and "perform." Entrepreneurs and users …