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Entertainment, Arts, and Sports Law Commons™
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Articles 31 - 60 of 152
Full-Text Articles in Entertainment, Arts, and Sports Law
Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls
Individual Liberties And Intellectual Property Protection—Proprietary Software In Digital Electronic Voting Machines: The Clash Between A Private Right And A Public Good In An Oligopolistic Market. , Brenda Reddix-Smalls
Fordham Intellectual Property, Media and Entertainment Law Journal
The convergence of intellectual property protections afforded software, the fundamental liberty interests of voting rights of Americans and the conduct of voting machine vendors within an oligopolistic marketplace signals grave consequences for the public. In an election, Direct Recording Electronic voting machines (“DREs”) could be subject to malfunctions, inaccuracies and security problems. The DRE vendors have consistently failed to improve the voting machines or allow access for independent auditing and security testing. The vendors have operated collectively to maintain current inefficient output quality. Acting in concert to obtain higher pricing, the vendors operate against their individual self-interests, claiming proprietary protections. …
Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling
Four Reasons To Enact A Federal Trade Secrets Act. , David S. Almeling
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Paying The Price For Sports Tv: Preventing The Strategic Misuse Of The Fcc's Carriage Regulations, David Hutson
Paying The Price For Sports Tv: Preventing The Strategic Misuse Of The Fcc's Carriage Regulations, David Hutson
Federal Communications Law Journal
Cable companies and sports leagues have embarked upon parallel courses of vertical integration by creating and acquiring interests in cable sports networks. Cable companies carry regional sports networks (RSNs) on basic cable tiers. Some league-owned networks have sought high prices for carriage on basic tiers, causing some cable companies to balk because of the price increase they would have to pass on to consumers. The 1992 Cable Act prohibits cable companies from discriminating in carriage terms between affiliated and nonaffiliated networks. Cable companies that own RSNs are, therefore, left vulnerable to discrimination complaints by league-owned networks. This Note argues that …
Business Solutions To The Alien Ownership Restriction, Greg Snodgrass
Business Solutions To The Alien Ownership Restriction, Greg Snodgrass
Federal Communications Law Journal
The alien ownership restriction on broadcast licenses has had a profound effect on the entertainment industry over the past few decades. While the origins of the restriction were based on national security fears that no longer apply, the restriction is unlikely to be repealed without significant lobbying. Given the unlikelihood of repeal, this Note concludes that entertainment conglomerates should apply a two-pronged approach to overcome the barrier imposed by the ownership restriction. First, conglomerates should build powerful nonbroadcast superstations. Second, conglomerates should push the FCC to gradually loosen its application of the restriction. While this is not a perfect solution, …
“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau
“Fit For Purpose”: Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe., Susanna Monseau
Fordham Intellectual Property, Media and Entertainment Law Journal
This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the fifty-year term to a ninety-five-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of the …
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley
Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat
Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat
Cornell Law Faculty Working Papers
In 1970 UNESCO adopted a convention intended to stem the flow of looted antiquities from developing countries to collections in art-importing countries. The majority of art-importing countries, including Britain, Germany, and Japan, refused to join the Convention. Contrary to other art-importing countries, and reversing its own traditionally-liberal policy, the United States accepted the international regulation of antiquities and joined the UNESCO Convention. The article seeks to explain why the United States chose to establish controls on antiquities, to the benefit of foreign countries facing archaeological plunder and to the detriment of the US art market. I argue that the concern …
What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton
What's Sex Got To Do With It - A Cinematic Critique On The Arguments Against Same-Sex Marriage, Scott Norton
UC Law SF Communications and Entertainment Journal
For years, the same governmental interests have been presented to justify prohibitions on same-sex marriage. Supporters of the ban argue that marriage promotes procreation and child-rearing, neither of which can supposedly be done within the confines of a same-sex relationship. This note suggests the movie I Now Pronounce You Chuck & Larry illustrates that in practice, these justifications have become antiquated. Instead of defining marriage as two individuals in a committed relationship, courts tend to inject social mores into their decisions regarding the legality of same-sex marriage.
C.B.C. Distribution And Marketing, Inc. V. Major League Baseball Advanced Media, L.P.: The First Amendment Versus The Right Of Publicity In The Eighth Circuit, Surina Mann
UC Law SF Communications and Entertainment Journal
This note examines the friction between the First Amendment and the right of publicity by examining the case of C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., a case regarding fantasy league baseball. This note begins by discussing the legacy of the right of publicity, the policy goals that the right of publicity was devised to further, and several different tests that courts have designed to balance the right of publicity with the rights guaranteed by the First Amendment. This note then goes on to illustrate the background of fantasy league baseball and critique the C.B.C. …
The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
The Nation's Broadband Success Story: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission regularly promotes the competitiveness of the American broadband market and the availability of robust services to consumers. Since 2000, the Commission has reported on broadband deployment by zip code, and by late 2006 broadband was supposedly available in 99% of American zip codes, with those zip codes representing 99% of the population. However, the viability of the FCC's zip code-based measurement methodology has long been a matter of controversy, because until recently broadband was counted as "available" in a zip code even if as few as one household in the area has obtained service. This paper …
How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze
How Hands-On Will Regulation Of Hands-Free Be - An Analysis Of Sb 1613 And The Effectiveness Of Its Proposed Regulation, Jessica Croze
UC Law SF Communications and Entertainment Journal
In order to prepare for the consequences of this new law, it will be extremely valuable to understand how "hands-free laws" are regulated in other states. Comparing California's new regulations to these existing laws and recognizing the history behind its inaction are crucial. An analysis of these previous attempts to regulate cell phone use while driving will ease the adoption of this new legislation in California. Since California's legislation, Bill 1613, regarding the ban on hand-held cellular devices while driving, was enacted the resulting public effect may have failed to fulfill the intention of the law.
The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer
The Politics Of Power: A Social Architecture Analysis Of The 2005-2008 Federal Shield Law Debate In Congress, Cathy Packer
UC Law SF Communications and Entertainment Journal
Would a federal shield law hamper the U.S. Department of Justice's power to combat terrorism and other crimes? Would the law protect the media from the chilling effects of federal subpoenas? Or would the law unwisely grant the already powerful media legal rights denied to other citizens? And who should have the power to decide whether to allow the media to refuse to comply with federal subpoenas? These and similar questions about how power should be distributed among branches of the federal government and the media were at the center of the Congressional hearings and debate on the proposed federal …
Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean
Is Free Riding Aided By Parody To Sneak Between The Cracks Of The Trademark Dilution Revision Act, Corina I. Cacovean
UC Law SF Communications and Entertainment Journal
Dilution as a form of intrusion on a trademark has been the object of intense consumer and competition discourses in United States. From the United States Supreme Court decision in Moseley v. VSecret Catalogue, in 2003, to the Fourth Circuit's decision in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, in 2006, the concept of dilution has become more sophisticated and its intersection with unfair competition and First Amendment law is far from being settled. This note is an attempt to answer the questions of whether the courts, by broadly interpreting the TDRA as being designed to protect freedom …
Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch
Intellectual Property Infringement: The Question Of Advertising Injury, Hilary Ditch
UC Law SF Communications and Entertainment Journal
Over the past several decades, business entities have increasingly relied on Commercial General Liability insurance for coverage and protection against the significant costs of defending against intellectual property lawsuits. However, despite this increased usage, the coverage provided for intellectual property infringement claims by Commercial General Liability insurance policies remains uncertain and indeterminate. This frustrating conclusion, reached by numerous courts, legal scholars and insurance practitioners, captures the current state of the law as it applies to coverage for intellectual property infringement claims. Consequently, many business entities seeking to apply their insurance policies to defend against intellectual property claims may face uncertainty …
Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn
Targeting Bad Behavior: Why Federal Regulators Must Treat Online Behavioral Marketing As Spyware, Heather Ng Osborn
UC Law SF Communications and Entertainment Journal
The FTC has sanctioned more than a dozen companies during the past two years for privacy violations involving the improper installation of spyware software on personal computers. The spyware software allowed companies to watch and control consumers' online activities, either without the consumer's knowledge or with the consumer's knowledge but without reasonable means for the consumer to stop it. The practice of online targeted advertising raises similar privacy issues as the use of spyware software because it also involves behind-the-scenes tracking, which most consumers never notice. Online targeted advertising allows marketing companies to engage in the same behavior as companies …
Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore
Trademark Battles In A Barbie-Cyber World: Trademark Protection Of Website Domain Names And The Anticybersquatting Consumer Protection Act, Kiran Nasir Gore
UC Law SF Communications and Entertainment Journal
Mattel's Barbie doll is more than just a trademarked toy produced for child consumption-Barbie has entered public discourse and taken on a life of her own as a cultural phenomenon. The Ninth Circuit Court of Appeals has referred to Mattel's Barbie doll as "possibly the most famous toy in history." With this popularity, also comes unwanted attention. She has become an American icon and taken on additional meanings and status at a societal level; attracting the attention of artists, writers, academics, and commentators in a way that is beyond the scope of Mattel's trademark property rights. The tension between Mattel's …
The Friends Creative Exemption: How Stereotypes Play A Role In Objectivity Standards, Jessica N. Leal
The Friends Creative Exemption: How Stereotypes Play A Role In Objectivity Standards, Jessica N. Leal
UC Law SF Communications and Entertainment Journal
The recent, controversial California Supreme Court holding in Lyle v. Warner Brothers Television Productions is illustrative of whether the pervasiveness of sexually explicit conduct is insufficient as a matter of law or should be sent to the trier of fact. The court held that a former writer's assistant for the popular, adult-oriented television show Friends failed to establish actionable harassment under the California Fair Employment and Housing Act ("FEHA"). According to the court, the circumstances did not establish a prima facie case of hostile workplace environment sexual harassment, even though there was no dispute that sexually coarse and vulgar language …
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds
Writings
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Marquette Sports Law Review
No abstract provided.
Parental Rights In Myspace: Reconceptualizing The State's Parens Patriae Role In The Digital Age, Sheerin N. S. Haubenreich
Parental Rights In Myspace: Reconceptualizing The State's Parens Patriae Role In The Digital Age, Sheerin N. S. Haubenreich
UC Law SF Communications and Entertainment Journal
Generally, parents have a great deal of leeway in their childrearing decisions, including choices in the content of their children's internet use. But there is a harm about which many parents and state and federal governments are unaware: reputational harm. Children and teenagers' current internet use puts them at risk of permanently harming their reputations, and there are no protective measures in place, whether educational or regulatory. They are posting personal information on the internet at an alarming rate mostly via social networking sites like MySpace.com and Facebook.com without an awareness of the present and long-term consequences, such as the …
I'M A Highway Star: An Outline For A Federal Right Of Publicity, Sean D. Whaley
I'M A Highway Star: An Outline For A Federal Right Of Publicity, Sean D. Whaley
UC Law SF Communications and Entertainment Journal
The federal government has failed to codify a federal publicity right. This has caused numerous problems recently, as varying state laws unevenly restrain the commercial speech of many actors in interstate commerce. However, the nature of the publicity right as a property right and its essential function in interstate commerce calls for Congress to adopt a federal publicity right. Similar to the dual system of trademark protection, a federal publicity right will not preempt such rights at the state level. Rather, establishing such a right will detail proper justification and contours of the right. By establishing a federal right, the …
The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada
The Supreme Court As The Grand Mediator In Social Regulation Of The Media - De Gustibus Non Disputandum Est: Or Are They, Richard J. Hunter, Ann M. Mayo, Hector R. Lozada
UC Law SF Communications and Entertainment Journal
This article presents a study of administrative and statutory schemes designed to regulate various aspects of the media in considering broad questions of indecency, obscenity, and societal and parental controls over content in various forms of media broadcasting. The article then provides an important historical back-drop by referencing Burstyn v. Wilson (a 1950s case involving an alleged "secular sacrilege") and Pacifica Foundation (the George Carlin "Filthy Words" monologue case). It then turns to a discussion of the litigation and controversy spurred by passage of the Communications Decency Act of 1996 and the Child Online Protection Act of 1998 as the …
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Solidifying The Defensive Line: The Nfl Network's Current Position Under Antitrust Law And How It Can Be Improved, Ethan Flatt
Vanderbilt Journal of Entertainment & Technology Law
In the United States, the broadcasting of professional sporting events is a multi-billion dollar industry, and the National Football League (NFL) alone earned more than $3 billion from television contracts during its 2008 season. Considering the massive revenues that broadcast rights can generate, it is no surprise that some major professional sports leagues have recently developed their own television networks. While it was not the first league-owned television network, the NFL Network has certainly generated the most attention. Since it started broadcasting a select number of NFL regular season games in 2006, the NFL Network has been subject to media …
Dr. Strange-Rating Or: How I Learned That The Motion Picture Association Of America's Film Rating System Constitutes False Advertising, Jason K. Albosta
Dr. Strange-Rating Or: How I Learned That The Motion Picture Association Of America's Film Rating System Constitutes False Advertising, Jason K. Albosta
Vanderbilt Journal of Entertainment & Technology Law
The Motion Picture Association of America (MPAA), a trade association whose members include film production studios, distributors, and theater chains, administers the most popular system for rating the content contained in the vast majority of publicly exhibited motion pictures in the United States. The stated goal of the rating scheme is to caution parents about any objectionable content that a film contains in order to allow them to make informed decisions about which films they will allow their children to see. While the rating scheme has undergone several changes since its establishment to further its stated goal, a fundamental conflict …
Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski
Blades Of Steal - The Fight For Control Of Sports Clubs' Websites And Media Rights In Madison Square Garden, L.P. V. National Hockey League, Michael Huntowski
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Seattle University Law Review
This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …
One Strike And You're Out: Alcohol In The Major League Baseball Clubhouse, Steven B. Berneman
One Strike And You're Out: Alcohol In The Major League Baseball Clubhouse, Steven B. Berneman
Vanderbilt Journal of Entertainment & Technology Law
In the past decade, much has been written about Major League Baseball's (MLB) mistaken policies regarding performance-enhancing substance abuse by players. MLB executives are shortsighted, however, if they believe that steroids are the only substances being abused by players. Along with performance-enhancing drugs, professional baseball has a long-standing history of alcohol abuse. Steroids may provide better headlines--Congress has never held an investigation into alcohol abuse by professional athletes--but professional baseball faces a real danger from the unchecked liability of allowing players to overindulge at the ballpark and drive home shortly thereafter. By serving beer in the clubhouse after games, clubs …
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
Marquette Sports Law Review
No abstract provided.