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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Fordham Intellectual Property, Media and Entertainment Law Journal (81)
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- Jeffrey S. Moorad Sports Law Journal (1994 - ) (3)
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Articles 301 - 328 of 328
Full-Text Articles in Entertainment, Arts, and Sports Law
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
The Legal Protection Of Fictional Characters, Kenneth E. Spahn
University of Miami Entertainment & Sports Law Review
No abstract provided.
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
Strategic Management Of Intangible Assets – A Manager’S Overview, Edward E. Frankel, William J. Murphy, Iii, R. Drew Ogden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
On The Author Effect: Contemporary Copyright And Collective Creativity, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
As exemplified by the articles in this volume, recent scholarship on "authorship" reflects various influences. Among the most important are Michel Foucault's article, What is an Author?, and Benjamin Kaplan's book, An Unhurried View of Copyright. Since the late 1960s, these two texts have influenced work in literary and legal studies respectively. Only recently, however, have the lines of inquiry that Foucault and Kaplan helped to initiate begun to converge.
The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton
The Inadvertent Joint Author: The Need To Establish Joint Authorship In Commissioned Works By Contract, Kent R. Middleton
University of Miami Entertainment & Sports Law Review
No abstract provided.
Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack
Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack
Cardozo Law Review
No abstract provided.
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
University of Miami Entertainment & Sports Law Review
No abstract provided.
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
E.T. Phone Home: The Protection Of Literary Phrases, Richard W. Stim
University of Miami Entertainment & Sports Law Review
No abstract provided.
Copyright Protection: The Erosion Of Renewal Rights Under The Copyright Act Of 1909: Abend V. Mca, Inc., 863 F.2d 1465 (9th Cir. 1988), Cert. Granted Sub Nom. Stewart V. Abend, 58 U.S.L.W. 3212 (U.S. Oct. 2, 1989) (No. 88-2102)., Todd G. Scher
University of Miami Entertainment & Sports Law Review
No abstract provided.
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
Digital Sampling And Signature Sound: Protection Under Copyright And Non-Copyright Law, Thomas Arn
University of Miami Entertainment & Sports Law Review
No abstract provided.
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
The Potential Harm Of Musical Parody: Toward An Enlightened Fair Use Calculus, F. Casey Del Casino
University of Miami Entertainment & Sports Law Review
No abstract provided.
Colorization: Removing The Green, Richard T. Kilgore
Colorization: Removing The Green, Richard T. Kilgore
University of Miami Entertainment & Sports Law Review
No abstract provided.
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley
Scholarly Works
Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …
Imperfect Property: Defective Protection For Bona Fide Purchasers Of Copyrights, Brenda J. Saunders
Imperfect Property: Defective Protection For Bona Fide Purchasers Of Copyrights, Brenda J. Saunders
University of Miami Entertainment & Sports Law Review
No abstract provided.
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Righting The Titled Scale: Expansion Of Artists' Rights In The United States, Colleen P. Battle
Cleveland State Law Review
This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and …
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Copyright And The Art Museum, Marshall A. Leaffer, Rhoda L. Berkowitz
Articles by Maurer Faculty
No abstract provided.
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness
Law Faculty Scholarly Articles
Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …
When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi
When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi
Scholarly Articles in Law Reviews & Journals
Dramatic motion pictures' are prime examples of what copyright law terms "derivative works' because they are almost invariably based upon one or more prior works. Derivative works are so-called because they borrow from original works whether or not those works are in the same media. The universe of derivative works is broad. It encompasses everything from stuffed toys representing cartoon characters to translations of serious-minded literature.
A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw
A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw
Indiana Law Journal
No abstract provided.
The Emergence Of Art Law, James J. Fishman
The Emergence Of Art Law, James J. Fishman
Cleveland State Law Review
It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.
The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.
The Film Collector, The Fbi, And The Copyright Act, Francis M. Nevins Jr.
Cleveland State Law Review
We are presently in the early middle stages of a media revolution which will reach its climax when films, in one form or another, will be found in people's homes and under consumers' control in much the same way as books and phonograph records. Although the availability of home videotaping equipment represents a giant step forward in the process, the revolution began long before the invention of the Betamax. For well over twenty years hobbyist film collectors, currently between 20,000 and 120,000 in number, have been purchasing sixteen and thirty-five millimeter prints of both copyrighted and public domain films, and …
Shemel & Krasilovsky: This Business Of Music, Robert A. Choate
Shemel & Krasilovsky: This Business Of Music, Robert A. Choate
Michigan Law Review
A Review of This Business of Music by Sidney Shemel and M. William Krasilovsky
Entertainment Title Duplication Cases: A Process Of Evolution
Entertainment Title Duplication Cases: A Process Of Evolution
Indiana Law Journal
No abstract provided.
Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.
Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.
Michigan Law Review
Plaintiff home designer prepared plans for a client and filed a copy in a county office as required by ordinance in order to obtain a building permit. Defendant copied and used these plans without plaintiff's consent. In an action under a state statute codifying the common-law right of designers to the exclusive ownership of their unpublished designs, the lower court held for defendant, finding plaintiff's copyright to have been destroyed by publication. On appeal, held, reversed. The filing of architectural plans in a public office in order to secure a building permit does not constitute a publication of them …
Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.
Copryright - Infringement - Parody Of Dramatic Production Held Not To Be Fair Use, William J. Wise S.Ed.
Michigan Law Review
Prior to December 1938, Patrick Hamilton wrote an original play entitled "Gaslight" which subsequently was published, performed and protected by copyright in both England and the United States. Loew's acquired exclusive motion picture rights to the play on October 7, 1942, and produced an original feature-length motion picture photoplay of the drama, also entitled "Gaslight." In 1945 Jack Benny sought and received permission to produce a 15-minute parody of the motion picture for his radio program. In 1953, without securing Loew's permission, Benny produced a 15-minute filmed parody of the motion picture for his television program. It was entitled "Autolight" …
Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young
Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young
Kentucky Law Journal
No abstract provided.