Entertainment, Arts, and Sports Law Commons^™

Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Making Circumstantial Proof Of Distribution Available, Robert Kasunic

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Four Free Speech Goals For Trademark Law, William Mcgeveran

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Russia With Love: The Legal Repercussions Of The Recruitment And Contracting Of Foreign Players In The National Hockey League, Jeffrey P. Gleason

Buffalo Law Review

No abstract provided.

The 1994-'95 Baseball Strike And National Labor Relations Board: To The Precipice And Back Again, William B. Gould Iv

West Virginia Law Review

No abstract provided.

"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith

West Virginia Law Review

No abstract provided.

Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson

Faculty Works

Introduction to the 2007 University of Missouri-Kansas City Law School’s inaugural Sports Law Symposium. The symposium created a forum that contributed to developing intellectual synergies among national sports law scholars, practicing sports law attorneys, athletic directors, coaches, sports industry professionals, and, importantly, student-athletes. The engagements created revolved around the theme of emerging legal issues affecting amateur and professional sports. The symposium featured scholarly presentations in the amateur and professional sports areas. Scholarly inquiry focused on a range of topics, from the economic and legal issues affecting the coaching profession to balancing gender and minority gender equity under Title IX. The …

Is A Rose By Any Other Image Still A Rose? Disconnecting Dilution’S Similarity Test From Traditional Trademark Concepts, Jasmine C. Abdel-Khalik

Faculty Works

Federal dilution doctrine suffers the typical growing pains of an adolescent struggling to determine its identity and boundaries. Congress did not create a federal dilution claim until 1995 and significantly amended in 2006. As currently conceived in the Lanham Act, a federal dilution by blurring claim involves the owner of a famous, [senior] mark bringing suit against the owner of a junior mark, which must be used after the senior mark has achieved fame, but only if the junior mark is sufficiently similar to impair the distinctiveness of the senior mark. The statute identifies several factors that can be used …

Blurring The Boundary Lines Between Amateur And Professional Sports, Kenneth D. Ferguson

Faculty Works

The NCAA expends substantial resources to insure that the distinction between amateur and professional sports is maintained in collegiate athletics. Preserving the boundary lines between amateur and professional sports is more than an attempt to ensure philosophical purity or a nostalgic quest for historic preservation. The boundaries between amateur and professional sports are maintained by legal doctrines in several areas.

Application of tort law to coaches' liability for conduct leading to injuries to athletes reflects and preserves the boundary lines between professional and amateur sports. Although the implied assumption of risk doctrine should preserve that distinction, some courts have applied …

Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Mereology Of Digital Copyright, Dan L. Burk

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are Universities Patent Trolls? , Mark A. Lemley

Fordham Intellectual Property, Media and Entertainment Law Journal

Hold-up is a primary component of patent litigation and patent licensing today. Universities are engaged in an unprecedented surge in patenting. At the confluence of these seemingly unrelated developments is a growing frustration on the part of industry with the role of universities as patent owners. Time and again, when I talk to people in a variety of industries, their view is that universities are the new patent trolls. In this article, I argue that universities should take a broader view of their role in technology transfer. University technology transfer ought to have as its goal maximizing the social impact …

Thinking Of The Children: The Failure Of Violent Video Game Laws, Gregory Kenyota

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are The Current Computer Crime Laws Sufficient Or Should The Writing Of Virus Code Be Prohibited?, Robert J. Kroczynski

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trying To Understand Software: Why Microsoft V. At&T Was Mistakenly Decided, Drew J. Koning

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What Is A Rate - The Distinction Between Descriptions And Charges, And This Distinction's Impact On Federal Preemption For Wireless Truth In Billing, R. Matthew Warner

UC Law SF Communications and Entertainment Journal

In 1993 Congress passed the Omnibus Budget Reconciliation Act, which placed a limitation on state power to regulate rates of wireless carriers. This legislation explicitly reserved to the states the power to adjust the "terms and conditions" of a wireless provider's service. The FCC, however, interpreted the act as preempting states from requiring or prohibiting explicit line items. While many of the theoretical grounds for the FCC's 2005 Truthin- Billing Declaratory Ruling are correct, the empirical examples cited seem to conflict with its theoretical rulings, causing some of the Ruling to violate 5 U.S.C. § 706. Moreover, the two courts …

The Dmca And The Privatization Of Copyright, Dave Hauser

UC Law SF Communications and Entertainment Journal

With the support of recent case law, statistics, and legal analysis, this note defends the Digital Millennium Copyright Act (DMCA) and its copyright protection mechanisms. The DMCA should be readily acknowledged as a push toward the privatization of copyright. Furthermore, the vast amount of criticism surrounding the DMCA wrongly shifts the focus away from what its provisions have accomplished.

This note addresses three main challenges to the DMCA's constitutionality: (1) that it exceeds the scope of Congressional authority as restrained by the Intellectual Property Clause, (2) that it oversteps the boundaries of First Amendment protection, and (3) that the doctrine …

Money Ruins Everything, John Quiggin, Dan Hunter

UC Law SF Communications and Entertainment Journal

The statement, "it's hard to compete with free," encapsulates the most important recent developments in intellectual property policy and some of the most significant social trends of our time. Because amateur creators produce content for the love it and are prepared to work for free-or even to lose money to feed their desire to create-their existence threatens the economic assumptions of commercial providers of content. As a result, the rise of amateurism calls into question some fundamental assumptions we have about the public policy of innovation, the way that innovation occurs within society, and the incentives necessary to produce valuable …

The Antithesis Of Originality: Bridgeman, Image Licensors, And The Public Domain, Mary Campbell Wojcik

UC Law SF Communications and Entertainment Journal

Under the explicit terms of both the Copyright Act and the Constitution, everyone-scholars and laypeople alike-should be free to "reproduce, prepare derivative works from, [or] distribute" copies of Eakins paintings. But, contrary to the Copyright Act, some art institutions are legally requiring its image users to agree that, "any reproduction or use of the Photographs or Reproductions" contrary to the terms of its licensing agreements, "will be an infringement of copyright." Beginning with an analysis of the Southern District's holding in the two Bridgeman opinions, this article examines the reaction that the decisions have incited among various art image licensors, …

Piggy Backing On The Web 2.0 Internet: Copyright Liability And Web 2.0 Mashups, Lisa Veasman

UC Law SF Communications and Entertainment Journal

Today's Web allows anyone to "influence the duplication and dissemination of information around the world." User-generated content and applications, where users can combine web applications and synchronize one website's information with another's, comprise much of Web 2.0's Internet. This note investigates whether generative web applications can "piggy back" on the initial websites' safe harbor protections, provided by the Digital Millennium Copyright Act, or whether such applications are liable for primary infringement themselves. Such web applications, like the Web 2.0 mashup ("mashup"), face potential liability because they display user-generated, infringing material, which users originally uploaded onto one of the previously existing …

Accepting Droit De Site As An Equal And Fair Measure Under Intellectual Property Law And Contemplation Of Its Implementation In The United States Post Passage Of The Eu Directive, Mara Grumbo

UC Law SF Communications and Entertainment Journal

This note will argue that while many criticisms against droit de suite legislation are based on economic grounds, these grounds are not those on which the royalty is and should be based. These arguments miss the mark by focusing on the inadequacy of the economic value of the royalty rather than viewing droit de suite as a "moral rights" based measure, providing visual artists fair and equal protection under intellectual property law. Once one accepts the latter view and understands the royalty as a measure necessary to remedy the unjust treatment of visual artists under copyright law, the inadequate state …

Broadcast Profanity And The Right To Be Let Alone: Can The Fcc Regulate Non-Indecent Fleeting Expletives Under A Privacy Model, Edward L. Carter, R. Trevor Hall, James C. Phillips

UC Law SF Communications and Entertainment Journal

This manuscript examines the issue of broadcast profanity regulation in light of the Supreme Court's March 2008 decision to grant certiorari in an appeal from the U.S. Court of Appeals for the Second Circuit. The Second Circuit in 2007 held that the FCC was arbitrary and capricious in its decision to begin prohibiting single profanities, or fleeting expletives, on broadcast television. However, the common law of nuisance and the law of privacy may provide justification for the FCC to regulate broadcast profanity under 18 U.S.C. § 1464. Although some argue that regulating broadcast profanity would induce a chilling effect on …

Congress & Sports Agents: A Legislative History Of The Sports Agent Responsibility And Trust Act, Edmund P. Edmonds, William H. Manz, Thomas J. Kettleson.

Writings

No abstract provided.

Can Intellectual Property Laws Stem The Rising Tide Of Art Forgeries, Joseph C. Gioconda

UC Law SF Communications and Entertainment Journal

Forged works of art have infiltrated the global marketplace at unprecedented levels during the past decade. Artists, museums, dealers, brokers and law enforcement have struggled to stop forgeries using traditional legal theories such as contract breach and fraud. These legal theories, however, have not been entirely successful at stopping the widespread global and online sale and distribution of art forgeries. Likewise, the prevalence of counterfeit merchandise has surged, undermining consumer confidence in the authenticity of luxury goods, pharmaceuticals and other consumer products. While those industries have lobbied successfully for stricter penalties against counterfeiting and have invested substantial resources in enforcement, …

Pornography, Coercion, And Copyright Law 2.0, Ann Bartow

Law Faculty Scholarship

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …