Entertainment, Arts, and Sports Law Commons^™

How Playlists Broke The Internet: An Analysis Of Copyright In Playlist Ownership, Tori Misrok

Cardozo Law Review

Part I of this Note discusses the prevailing understanding of copyright law and the Copyright Act's existing statutory scheme that governs copyright protection for artistic and creative works. This Part also explains the implications of such categorizations on how the courts deem which works are sufficiently original and creative to receive federal copyright protection. Part II delineates the history and rise of digital music streaming services and playlists and how copyright law protections may apply to them. Part III examines the application of federal copyright law to playlists. In doing so, this Part determines whether playlists are compilations and, if …

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.

Harvey Of Hollywood: The Face That Launched A Thousand Stories, Sara Khorasani

UC Law SF Communications and Entertainment Journal

In the fall of 2017, the world was shaken by allegations of sexual misconduct against one of Hollywood’s high-powered movie moguls. The Harvey Weinstein scandal exposed countless accounts of sexual harassment and abuse, along with the settlement agreements that had kept them covered for decades. Since then, social movements have helped knock Harvey off his Hollywood throne and shed light upon a major concern plaguing the entertainment industry. This paper seeks to address how to effectively change an industry that has long bred a systemic culture of sexual harassment and discrimination. Under the accepted norms of Hollywood, victims of sexual …

America's Mass Shootings And Hip Hop: The History, Myth And Hip Hop's Invaluable Contribution To Mass Shooting Prevention, Bria Riley

North Carolina Central Law Review

No abstract provided.

We Deserve Better: How Hip Hop Perpetuates The Rape Culture Of Black Women, Alexzandria Johnson

North Carolina Central Law Review

No abstract provided.

Remixing Riverside: Environmental Racism And Hip Hop As A Mirror Of Society, Charles E. Murphy

North Carolina Central Law Review

No abstract provided.

The Takeover: Hip Hop's Evolution And Influence In The Law School, Todd J. Clark

North Carolina Central Law Review

No abstract provided.

Teaching Social Justice Through "Hip Hop And The Law", Andre Douglas Pond Cummings

North Carolina Central Law Review

No abstract provided.

From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl

Scholarly Articles

This essay refracts the criminal conviction and reparations order of the International Criminal Court (ICC) in the Al Mahdi case into the much broader frame of increasingly heated public debates over the protection, removal, defacement, relocation, display and destruction of cultural heritage in all forms: monuments, artefacts, language instruction, art and literature. What might the work product of the ICC in the Al Mahdi proceedings -- and international criminal law more generally -- add, contribute or excise from these debates? This essay speculatively explores connections between the turn to penal law to protect cultural property and the transformative impulses that …

Mixed Messages: How The Free Press Has A Responsibility To We The People At The Marketplace Of Ideas, Addison O’Donnell

UC Law SF Communications and Entertainment Journal

The Free Press makes possible a fair democracy. It exerts influence on our communities and our consciences, principally in the form of reporting facts through its account of events, endorsing certain viewpoints through editorials, and ultimately producing the “first rough draft of history.” How the public responds to the Free Press speaks to the historic and continued expectation that many different voices should present divergent messages and allow the people to decide which message is the truth. Risks taken by the Free Press in the name of truth enable the theory of our Constitution to endure by facilitating the unbridled …

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

What Are We To Do With Deposit Copies?, Sadie Zurfluh

Marquette Intellectual Property Law Review

One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …

The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach

Marquette Intellectual Property Law Review

This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion …

The Private-Sector Ecosystem Of User Data In The Digital Age, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Youtube, K-Pop, And The Emergence Of Content Copycats, Sam Quach

UC Law SF Communications and Entertainment Journal

YouTube is the internet’s largest and most recognized video streaming platform; the website has millions of daily active users from all over the world and hosts billions of videos. With so much content being hosted on the website, YouTube has developed basic protocol when it comes to copyright issues, including a standardized system for dealing with copyright infringement. But with such a large audience and technology constantly growing and changing, YouTube is constantly faced with new problems. Among content on YouTube, Korean entertainment and pop music (commonly referred to as K-Pop) has quickly become one of the largest markets, with …

Moving The Line: Leveraging The Legalization Of Sports Gambling To Protect Student-Athletes And Preserve Amateurism, Matt Farnum

Cornell Journal of Law and Public Policy

Just as sports gambling promotes viewership, attracts commercial interests, and encourages fan interaction, it forces sports leagues to redefine their core values to maintain the "integrity of the game" and protect athletes. It challenges sports leagues to reconcile their promotion of honest and fair competition with the near-nationwide normalization of an activity replete with under-the-table dealing, corruption, and scandal. Common sense dictates that gamblers prefer safe bets, yet gambling is necessarily a calculated risk-taking in an uncertain outcome. The history of sports gambling has shown that uncertainty can be combatted by incentivizing players and teams to dictate the outcome of …

Application Of The Uaaa, Ruaaa, And State Athlete-Agent Laws To Corruption In Men's College Basketball And Revisions Necessitated By Ncaa Rule Changes, Joshua Lens

Marquette Sports Law Review

None

Changing The Ncaa’S “Year-In-Residency” Rule: Narrowing Supreme Court Precedent From Below, 53 Uic J. Marshall L. Rev. 1085 (2019), Evan Kanz

UIC Law Review

No abstract provided.

Lost In A Novelty Mug: U.S. Telecom, The Fcc, And Policy Resolution For Net Neutrality, Christopher Terry, Scott Memmel, Ashley Turacek

UC Law SF Communications and Entertainment Journal

This paper traces the history of net neutrality and the judicial reviews of the Federal Communication Commission’s multiple attempts at regulation, including the agency’s 2006 guidelines overturned in Comcast v. FCC, the 2010 rules overturned in Verizon v. FCC, and the FCC’s reclassification of broadband in its 2015 net neutrality rules, as well as the contemporary battles over the agency’s decision in November of 2017 to repeal the 2015 rules. As the FCC continues to wrestle with net neutrality and open internet regulations, the agency engaged in a series of continuing delays to impede a potential U.S. Supreme Court review …

Semenya And Asa V Iaaf: Affirming The Lawfulness Of A Sex-Based Eligibility Rule For The Women’S Category In Elite Sport, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

Art In The Age Of Contractual Negotiation, Christopher G. Bradley, Brian L. Frye

Kentucky Law Journal

No abstract provided.

International Advocate For Peace Award Acceptance Speech, James Paul Mccartney

Cardozo Journal of Conflict Resolution

On May 28, 2019, the Cardozo Journal of Conflict Resolution presented the Nineteenth Annual International Advocate for Peace Award to Sir James Paul McCartney at Cardozo Law School's forty-first Commencement Ceremony. What follows is a transcription of the award ceremony, including Sir McCartney's acceptance speech.

Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards

Marquette Intellectual Property Law Review

First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.

Preserving The Artistic Afterlife: The Challenges In Fulfilling Testator Wishes In Art-Rich, Cash-Poor Estates, Hanna K. Feldman

Fordham Intellectual Property, Media and Entertainment Law Journal

Artists’ estates present unique legal issues distinct from the estates of art collectors-cum-investors, as these estates tend to be much more art-rich and cash-poor, leading to difficulties in funding legacies when there is no cash readily available and all of the value of the estate is tied up in the artworks themselves. Robert Indiana, an American sculptor who was frequently exploited throughout his life and now appears to be subject to posthumous exploitation, will be examined as a textbook example of such an artist’s estate. The issues surrounding Indiana’s estate exemplify the challenges in following a testator’s intent to leave …

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have …

Inclusion Riders And Diversity Mandates, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

In this piece, I situate these sorts of diversity requests within the broader context of other customer/client preferences that implicate Title VII. To be sure, the “inclusion riders” are not literal customer/client requests, but rather requests from celebrities who are themselves being hired by the employer for a specific project. Broadly speaking, however, they raise the same legal issue regarding third-party preferences that implicate protected characteristics under Title VII.

As a starting point, the general rule within employment discrimination law is that customer preferences cannot justify discriminatory treatment by employers. That baseline has led courts to rule that employers cannot, …

The New Approaches To Digital Anti-Piracy In The Entertainment Industry, 19 Uic Rev. Intell. Prop. L. 75 (2019), Igor Slabykh

UIC Review of Intellectual Property Law

This article is about digital anti-piracy. The entertainment industry has been combating piracy over the internet for the last 40 years. This article gives an overview of the digital anti-piracy approaches, analyzes the reasons why people commit piracy, demonstrates the disappointing results of the current state of anti-piracy, and offers new approaches that may help to reduce digital piracy.

Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri

Articles

From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their "right of publicity "-a state-law tort that prohibits the unauthorized use of a person's name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. …