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2012

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Articles 1 - 30 of 222

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

Where To Begin Researching International Sports Law, Rebecca Mattson Dec 2012

Where To Begin Researching International Sports Law, Rebecca Mattson

Law Library Faculty Works

In this article, the author discusses selected sources for researching international sports law.

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"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor Dec 2012

"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor

Touro Law Review

This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.

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Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini Dec 2012

Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini

Touro Law Review

After going to a theatre and watching a new movie, would it be possible to go home and write a book about it? What about after reading a novel? Would a reader be free to write a new book using the same characters? Would a teacher be able to write her own training manual using the exact techniques she had just learned in another author's book? Is there any recourse for authors facing these types of situations? This Comment explores how two lower courts have recently addressed these questions. The first decision, Warner Bros.Entertainment Inc. v. RDR Books,determined whether …

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The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese Dec 2012

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …

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Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie Dec 2012

Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie

Touro Law Review

In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …

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How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath Dec 2012

How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath

Touro Law Review

The rise in the use of technology, and the creation of new media, has left the entertainment industry at a loss as to how to compensate the creative minds that are starting to work in new media. The rise in new media, a predominant factor in the 2007-2008 writers strike and this year’s almost-strikes of the two actors’ guilds, has forced the entertainment industry to adapt to the changes in technology, and create compensation plans for those that work in new media.

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Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans Dec 2012

Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans

Michigan Law Review First Impressions

Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …

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Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis Nov 2012

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.

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National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson Nov 2012

National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson

Pepperdine Law Review

No abstract provided.

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Is Culture A Justiciable Issue? , Jessica L. Darraby Nov 2012

Is Culture A Justiciable Issue? , Jessica L. Darraby

Pepperdine Law Review

No abstract provided.

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The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge Nov 2012

The United States-Canada Free Trade Agreement: Exporting Art By The Numbers, James A.R. Nafziger, Mary P. Rooklidge

Pepperdine Law Review

No abstract provided.

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Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle Nov 2012

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.

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Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier Nov 2012

Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier

Pepperdine Law Review

No abstract provided.

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Utility Of Personal Service Corporations For Athletes, Bret M. Kanis Nov 2012

Utility Of Personal Service Corporations For Athletes, Bret M. Kanis

Pepperdine Law Review

No abstract provided.

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Mlb Calendar 2012-2013, Edmund P. Edmonds Nov 2012

Mlb Calendar 2012-2013, Edmund P. Edmonds

MLB Calendars

No abstract provided.

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Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler Nov 2012

Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler

Michigan Law Review

Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …

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Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin Oct 2012

Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin

Pepperdine Law Review

No abstract provided.

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Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.

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Shriftman, Elliott Arbitration Chart, Edmund P. Edmonds Oct 2012

Shriftman, Elliott Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Bailey, Robert Arbitration Chart, Edmund P. Edmonds Oct 2012

Bailey, Robert Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Gambling With The Bronx Bombers: Betting On, Against, And With The Yankees, Ronald J. Rychlak Oct 2012

Gambling With The Bronx Bombers: Betting On, Against, And With The Yankees, Ronald J. Rychlak

UNLV Gaming Law Journal

The New York Yankees, arguably the most hallowed name in all of professional sports, has probably had more money wagered on the outcome of its games than any other team in any sport. Although few people today may be aware of it, the team itself has a long history of association with gamblers and gambling. The first owners of the Yankees were notorious gamblers; the team’s first captain was indicted in the 1919 “Black Sox” scandal; one Yankees’ pitcher was suspected of having thrown another Series game; one owner had ties to underworld figures in Las Vegas; another owner was …

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The Aftermath Of Aftermath: The Impact Of Digital Music Distribution On The Recording Industry, Michael Mccubbin Oct 2012

The Aftermath Of Aftermath: The Impact Of Digital Music Distribution On The Recording Industry, Michael Mccubbin

The University of New Hampshire Law Review

[Excerpt] “This article will address the impact the shift from hard-copy recordings to digital music distribution has had on the recording industry. Specifically, it will apply F.B.T. Productions v. Aftermath Records, which correctly held that a label’s relationship with third-party-digital-music-providers is that of licensor-licensee, to the modern music industry. Based on this holding, record labels need to reconsider their relationships with artists, and create new business models that rely on licensing music, rather than the traditional sale-based distribution model. The decision in Aftermath will lead to increased royalties for artists in the Digital Age. This article will analyze the impact …

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Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li Oct 2012

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li

IP Theory

No abstract provided.

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Welcome To The Real 2011 Nba Lockout: Where Owner-Friendly Tax Provisions And Non-Monetized Benefits Color The Lockout Landscape, Lance Taubin Oct 2012

Welcome To The Real 2011 Nba Lockout: Where Owner-Friendly Tax Provisions And Non-Monetized Benefits Color The Lockout Landscape, Lance Taubin

Cardozo Public Law, Policy & Ethics Journal

The 2011 NBA lockout highlighted the financial strategies of team owners, who, despite claiming operational losses, benefited significantly from tax provisions like depreciation and amortization under Section 197 of the IRC, as well as non-monetary benefits that aren't reflected in team financial statements.

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Ringing The Bell On Concussions: The Rise Of Head Injuries And Cognitive Decline In Football Players, And The Nfl's Obligation To Improve Safety Measures, Jarryd Werts Oct 2012

Ringing The Bell On Concussions: The Rise Of Head Injuries And Cognitive Decline In Football Players, And The Nfl's Obligation To Improve Safety Measures, Jarryd Werts

Cardozo Public Law, Policy & Ethics Journal

The NFL faces significant legal and ethical challenges in addressing the long-term health consequences of concussions among its players. While the league has implemented various safety measures and policies, such as rule changes and educational initiatives, these efforts may be insufficient to fully protect players from the risks associated with repeated head trauma. The NFL must continue to improve its safety protocols not only to safeguard its current and future players but also to set a precedent for other contact sports leagues. The legal battles over negligence and fraud highlight the need for a more robust approach to player health …

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A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West Sep 2012

A New Look For The Fashion Industry: Redesigning Copyright Law With The Innovative Design Protection And Piracy Protection Act (Idpppa), Brittany West

The Journal of Business, Entrepreneurship & the Law

Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA takes a narrow approach to eliminate ambiguity present in former bills attempting to amend copyright law. The IDPPPA would incentivize innovation, the ultimate goal of …

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Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black Sep 2012

Violence Is Never The Answer, Or Is It? Constitutionality Of California's Violent Video Game Regulation, Laura Black

The Journal of Business, Entrepreneurship & the Law

In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the …

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No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman Sep 2012

No More Format Disputes: Are Reality Television Formats The Proper Subject Of Federal Copyright Protection?, Jessica E. Bergman

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Crowdsourcing Indie Movies, Henry H. Perritt Jr. Sep 2012

Crowdsourcing Indie Movies, Henry H. Perritt Jr.

All Faculty Scholarship

Crowdsourcing Indie Movies Henry H. Perritt, Jr. Abstract Internet-centered technology developments are revolutionizing the ways in which movies can be made. The use of crowdsourcing to make indie movies is a possibility that has not yet been explored fully, although the use of crowdsourcing to raise money for artistic works is growing. Crowdsourcing can be used for every step of making a movie, increasing the range of collaboration available to creators and reducing capital requirements. The article uses a fictional account of a team of young moviemakers to explain how they can use crowdsourcing for each step of making their …

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Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey Sep 2012

Race, Markets, And Hollywood's Perpetual Antitrust Dilemma, Hosea H. Harvey

Michigan Journal of Race and Law

This Article focuses on the oft-neglected intersection of racially skewed outcomes and anti-competitive markets. Through historical, contextual, and empirical analysis, the Article describes the state of Hollywood motion-picture distribution from its anticompetitive beginnings through the industry's role in creating an anti-competitive, racially divided market at the end of the last century. The Article's evidence suggests that race-based inefficiencies have plagued the film distribution process and such inefficiencies might likely be caused by the anti-competitive structure of the market itself, and not merely by overt or intentional racial-discrimination. After explaining why traditional anti-discrimination laws are ineffective remedies for such inefficiencies, the …

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