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Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Intellectual Property Law (53)
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- Fordham Law School (32)
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- Fordham Intellectual Property, Media and Entertainment Law Journal (32)
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Articles 31 - 60 of 71
Full-Text Articles in Entertainment, Arts, and Sports Law
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
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 …
Royalty Rate-Setting For Webcasters: A Royal(Ty) Mess, Amy Duvall
Royalty Rate-Setting For Webcasters: A Royal(Ty) Mess, Amy Duvall
Michigan Telecommunications & Technology Law Review
The Internet is a haven for free expression. Not only are content-based restrictions disfavored, but "[the internet] provides relatively unlimited, low-cost capacity for communication of all kinds." Almost half of all Americans have listened to music online, whether rebroadcasts of terrestrial radio or to find niche music that terrestrial radio simply does not play, and 13 percent tune in regularly. Webcasters provide a unique outlet for new artists; however, if royalty rates are set too high for all but the largest webcasters to stay in business, the variety of music available will be severely restricted. Musical diversity stimulates the generation …
Internet Piracy Of Live Sports Telecasts, Michael J. Mellis
Internet Piracy Of Live Sports Telecasts, Michael J. Mellis
Marquette Sports Law Review
No abstract provided.
Three Reactions To Mgm V. Grokster, Pamela Samuelson
Three Reactions To Mgm V. Grokster, Pamela Samuelson
Michigan Telecommunications & Technology Law Review
It was prescient of the Michigan Telecommunications and Technology Law Review to have organized a conference to discuss the Supreme Court's decision in Metro-Goldwyn-Mayer, Inc. v. Grokster, Inc. As the articles in this issue reveal, commentators have had somewhat mixed reactions to the Grokster decision. Perhaps I am the most mixed (or mixed up) about Grokster among its commentators, for I have had not just one but three reactions to the Grokster decision. My first reaction was to question whether MGM and its co-plaintiffs really won the Grokster case, or at least won it in the way they had hoped. …
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …
Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward
Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Michigan Telecommunications & Technology Law Review
Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …
Introduction, Gregory P. Magarian
Introduction, Gregory P. Magarian
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson
Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Law Faculty Scholarly Articles
The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …
Managing The "Team" On The Field, Off The Field, And In Cyberspace: Preventing Cybersquatters From Hijacking Your Franchise's Domain Names, Craig A. Pintens
Managing The "Team" On The Field, Off The Field, And In Cyberspace: Preventing Cybersquatters From Hijacking Your Franchise's Domain Names, Craig A. Pintens
Marquette Sports Law Review
No abstract provided.
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund
Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
Federal Communications Law Journal
This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …
The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards
The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher
Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.