Entertainment, Arts, and Sports Law Commons^™

Crossing The Fair Use Line: The Demise And Revival Of The Harry Potter Lexicon And Its Implications For The Fair Use Doctrine In The Real World And On The Internet, Shira Siskind

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 27, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Elizabeth F. Judge, Daniel Gervais

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Fragmentation Of The Global Market: The Case Of Digital Versatile Discs (Dvds), Rostam J. Neuwirth

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

No More Power To Imply: Gonzaga V. Doe And The Evisceration Of § 253(C) Of The Telecommunications Act, Josh Gajer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.

The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply and …

The Magic Circle, Joshua A.T. Fairfield

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …

Stop The Bleeding: Title Ix And The Disappearance Of Men's Collegiate Athletic Teams, Victoria Langton

Vanderbilt Journal of Entertainment & Technology Law

Title IX, originally conceived to protect women from gender discrimination, has had the unfortunate and unintended effect of significantly reducing opportunities for male athletes to compete in their sports at the collegiate level. The various Department of Education opinion letters interpreting Title IX and its regulations provide three routes by which universities can comply with Title IX's requirement of equal opportunities for women to participate in collegiate athletics, one of which is proportionality between the percentage of athletic opportunities for women as compared to the percentage of women in the general population of the school. Circuit courts' current interpretation of …

What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin

Articles & Chapters

Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …

The Women's Right To Participate In The Game Of Baseball, David Fintz

Cardozo Journal of Equal Rights & Social Justice

The note argues that women have historically been excluded from participating in baseball due to gender discrimination, which violates the Equal Protection Clause of the Fourteenth Amendment and Title IX. It critiques the narrow interpretation of state action in cases like Magill v. Avonworth Baseball Conference and advocates for broadening this doctrine to include youth organizations. The author proposes legal reforms, such as amending Little League charters, to ensure girls' inclusion in baseball programs. By addressing these legal barriers, the article suggests that girls can achieve greater opportunities in baseball, following the success of female athletes in other sports.

Keeping Them Down On The Farm: The Possibility Of A Class Action By Former Minor League Baseball Players Against Major League Baseball For Allowing Steroid Abuse, Patrick S. Baldwin

Georgia Law Review

Over the past five years, allegations and admissions of steroid abuse by professional baseball players have tarnished the image of "Our National Pastime." Although the players are ultimately responsible for using performance-enhancing drugs, they are not solely to blame. Major League Baseball and its franchise owners knew about the abuse and did nothing to stop it-mostly because the threat to home run records had begun refilling the seats that had been lost from the 1994-1995 labor strike. But this steroid scandal has called into question many of those new records and caused outrage among the media, the fans, and even …

Nonprofits And Narrative: Piers Plowman, Anthony Trollope, And Charities Law, Jill R. Horwitz

Articles

What are the narrative possibilities for understanding nonprofit law? Given the porous barriers between nonprofit law and the literature about it, there are many. Here I consider two. First, nonprofit law and nonprofit literature are each enriched and made fully explicable by reference to the other. Nonprofit law has grown in parallel with literature. It may even be that important legal texts, texts about doing and being good, were imported directly from literary sources into law. Second, in writings ranging from sensational journalism to high literature, nonprofit laws and the scandals involving their violations have captured the public imagination for …

A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds

Journal Articles

This article explores the history and evolution of baseball's arbitration system, focusing on players with arbitration eligibility in 2009. The article also explores teams' use of the "file-and-go" strategy.

Book Review Of Law And Popular Culture: Text, Notes, And Questions, Michael M. Epstein

Journal of Legal Education

No abstract provided.

Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Inequitable Conduct: A Standard In Motion., Benjamin Brown

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.

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.

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

BYU Law Review

No abstract provided.

We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Just A Concern For Good Manners: The Second Circuit Strikes Down The Fcc's Broadcast Indecency Regime, Michael Strocko

University of Miami Business Law Review

No abstract provided.

Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer

Indiana Law Journal

No abstract provided.

Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What Is Truth?: True Suspects And False Defamation, Peter B. Kutner

Fordham Intellectual Property, Media and Entertainment Law Journal

A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …