Entertainment, Arts, and Sports Law Commons^™

The Mereology Of Digital Copyright, Dan L. Burk

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are Universities Patent Trolls? , Mark A. Lemley

Fordham Intellectual Property, Media and Entertainment Law Journal

Hold-up is a primary component of patent litigation and patent licensing today. Universities are engaged in an unprecedented surge in patenting. At the confluence of these seemingly unrelated developments is a growing frustration on the part of industry with the role of universities as patent owners. Time and again, when I talk to people in a variety of industries, their view is that universities are the new patent trolls. In this article, I argue that universities should take a broader view of their role in technology transfer. University technology transfer ought to have as its goal maximizing the social impact …

Thinking Of The Children: The Failure Of Violent Video Game Laws, Gregory Kenyota

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Are The Current Computer Crime Laws Sufficient Or Should The Writing Of Virus Code Be Prohibited?, Robert J. Kroczynski

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trying To Understand Software: Why Microsoft V. At&T Was Mistakenly Decided, Drew J. Koning

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What Is A Rate - The Distinction Between Descriptions And Charges, And This Distinction's Impact On Federal Preemption For Wireless Truth In Billing, R. Matthew Warner

UC Law SF Communications and Entertainment Journal

In 1993 Congress passed the Omnibus Budget Reconciliation Act, which placed a limitation on state power to regulate rates of wireless carriers. This legislation explicitly reserved to the states the power to adjust the "terms and conditions" of a wireless provider's service. The FCC, however, interpreted the act as preempting states from requiring or prohibiting explicit line items. While many of the theoretical grounds for the FCC's 2005 Truthin- Billing Declaratory Ruling are correct, the empirical examples cited seem to conflict with its theoretical rulings, causing some of the Ruling to violate 5 U.S.C. § 706. Moreover, the two courts …

The Dmca And The Privatization Of Copyright, Dave Hauser

UC Law SF Communications and Entertainment Journal

With the support of recent case law, statistics, and legal analysis, this note defends the Digital Millennium Copyright Act (DMCA) and its copyright protection mechanisms. The DMCA should be readily acknowledged as a push toward the privatization of copyright. Furthermore, the vast amount of criticism surrounding the DMCA wrongly shifts the focus away from what its provisions have accomplished.

This note addresses three main challenges to the DMCA's constitutionality: (1) that it exceeds the scope of Congressional authority as restrained by the Intellectual Property Clause, (2) that it oversteps the boundaries of First Amendment protection, and (3) that the doctrine …

Money Ruins Everything, John Quiggin, Dan Hunter

UC Law SF Communications and Entertainment Journal

The statement, "it's hard to compete with free," encapsulates the most important recent developments in intellectual property policy and some of the most significant social trends of our time. Because amateur creators produce content for the love it and are prepared to work for free-or even to lose money to feed their desire to create-their existence threatens the economic assumptions of commercial providers of content. As a result, the rise of amateurism calls into question some fundamental assumptions we have about the public policy of innovation, the way that innovation occurs within society, and the incentives necessary to produce valuable …

The Antithesis Of Originality: Bridgeman, Image Licensors, And The Public Domain, Mary Campbell Wojcik

UC Law SF Communications and Entertainment Journal

Under the explicit terms of both the Copyright Act and the Constitution, everyone-scholars and laypeople alike-should be free to "reproduce, prepare derivative works from, [or] distribute" copies of Eakins paintings. But, contrary to the Copyright Act, some art institutions are legally requiring its image users to agree that, "any reproduction or use of the Photographs or Reproductions" contrary to the terms of its licensing agreements, "will be an infringement of copyright." Beginning with an analysis of the Southern District's holding in the two Bridgeman opinions, this article examines the reaction that the decisions have incited among various art image licensors, …

Piggy Backing On The Web 2.0 Internet: Copyright Liability And Web 2.0 Mashups, Lisa Veasman

UC Law SF Communications and Entertainment Journal

Today's Web allows anyone to "influence the duplication and dissemination of information around the world." User-generated content and applications, where users can combine web applications and synchronize one website's information with another's, comprise much of Web 2.0's Internet. This note investigates whether generative web applications can "piggy back" on the initial websites' safe harbor protections, provided by the Digital Millennium Copyright Act, or whether such applications are liable for primary infringement themselves. Such web applications, like the Web 2.0 mashup ("mashup"), face potential liability because they display user-generated, infringing material, which users originally uploaded onto one of the previously existing …

Accepting Droit De Site As An Equal And Fair Measure Under Intellectual Property Law And Contemplation Of Its Implementation In The United States Post Passage Of The Eu Directive, Mara Grumbo

UC Law SF Communications and Entertainment Journal

This note will argue that while many criticisms against droit de suite legislation are based on economic grounds, these grounds are not those on which the royalty is and should be based. These arguments miss the mark by focusing on the inadequacy of the economic value of the royalty rather than viewing droit de suite as a "moral rights" based measure, providing visual artists fair and equal protection under intellectual property law. Once one accepts the latter view and understands the royalty as a measure necessary to remedy the unjust treatment of visual artists under copyright law, the inadequate state …

Broadcast Profanity And The Right To Be Let Alone: Can The Fcc Regulate Non-Indecent Fleeting Expletives Under A Privacy Model, Edward L. Carter, R. Trevor Hall, James C. Phillips

UC Law SF Communications and Entertainment Journal

This manuscript examines the issue of broadcast profanity regulation in light of the Supreme Court's March 2008 decision to grant certiorari in an appeal from the U.S. Court of Appeals for the Second Circuit. The Second Circuit in 2007 held that the FCC was arbitrary and capricious in its decision to begin prohibiting single profanities, or fleeting expletives, on broadcast television. However, the common law of nuisance and the law of privacy may provide justification for the FCC to regulate broadcast profanity under 18 U.S.C. § 1464. Although some argue that regulating broadcast profanity would induce a chilling effect on …

Congress & Sports Agents: A Legislative History Of The Sports Agent Responsibility And Trust Act, Edmund P. Edmonds, William H. Manz, Thomas J. Kettleson.

Writings

No abstract provided.

Can Intellectual Property Laws Stem The Rising Tide Of Art Forgeries, Joseph C. Gioconda

UC Law SF Communications and Entertainment Journal

Forged works of art have infiltrated the global marketplace at unprecedented levels during the past decade. Artists, museums, dealers, brokers and law enforcement have struggled to stop forgeries using traditional legal theories such as contract breach and fraud. These legal theories, however, have not been entirely successful at stopping the widespread global and online sale and distribution of art forgeries. Likewise, the prevalence of counterfeit merchandise has surged, undermining consumer confidence in the authenticity of luxury goods, pharmaceuticals and other consumer products. While those industries have lobbied successfully for stricter penalties against counterfeiting and have invested substantial resources in enforcement, …

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 …

Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow

Law Faculty Scholarship

As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."

Why Hollywood Does Not Require “Saving” From The Recordkeeping Requirements Imposed By 18 U.S.C. Section 2257, Ann Bartow

Law Faculty Scholarship

Attorney Alan R. Levy recently published an article in The Yale Law Journal Pocket Part entitled "How 'Swingers' Might Save Hollywood from a Federal Pornography Statute." So eager was Levy to "save Hollywood" from having to keep records to verify that performers engaging in actual sexually explicit conduct are legally adults, that he grossly distorted the meaning and effect of 18 U.S.C. Section 2257. Ironically, while exaggerating the negative impact of Section 2257, he simultaneously underestimated the problematic nature of a different statutory provision potentially requiring record keeping for performers who engage in simulated sexual conduct. This essay discusses truths …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams

Faculty Articles and Other Publications

This article examines how race and educational equity issues shape women's sports experiences.

The Future Of Licensing Music Online: The Role Of Collective Rights Organizations And The Effect Of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008), Neil Conley

UIC John Marshall Journal of Information Technology & Privacy Law

The current licensing regime practiced by collective rights organizations (“CROs”) is preventing rights holders from being able to reap the financial benefits that the Internet and digital transmissions of music can provide. The problem is that CROs license online music on a restrictive, national basis where the online transmission of music is worldwide, unrestricted by national boundaries. This territorially restrictive licensing system began in the nineteenth century and was practical for geographically limited methods by which music was played and transmitted. However, licenses to transmit music online or in the digital environment in general are restricted on a national basis …

The Fix: Soccer And Organized Crime, Declan Hill

Division of Government and Public Service, Investigations Program Faculty Book Series

The Fix is the most explosive story of sports corruption in a generation. Intriguing, riveting, and compelling, it tells the story of an investigative journalist who sets out to examine the world of match-fixing in professional soccer.

From the Introduction
Understand how gambling fixers work to corrupt a soccer game and you will understand how they move into a basketball league, a cricket tournament, or a tennis match (all places, by the way, that criminal fixers have moved into). My views on soccer have changed. I still love the Saturday-morning game between amateurs: the camaraderie and the fresh smell of …

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries. This article …

Pathways To Patents: Applying The Written Description Requirement Doctrine To Patents On Biological Pathways, Shengfeng Chen

UC Law SF Communications and Entertainment Journal

Research tool and "research-through" patents have become increasing concerns in recent years, particularly in pharmaceutical and biotechnology fields. In response to the impacts of these patents, courts have responded with a series of judicial decisions, and attempted to regulate these patents using the written description doctrine. However, these decisions have been confusing and inconsistent. After an examination of the Federal Circuit's written description jurisprudence and scholastic responses to these decisions, this article proposes a new standard of meeting the written description requirement to provide a workable solution for regulating research tool and "research-through" patents.

Signaling New Barriers: Implications Of The Wipo Broadcasting Treaty For Public Use Of Information, Lisa Mak

UC Law SF Communications and Entertainment Journal

Since November 1998, the Standing Committee on Copyright Related Rights of the World Intellectual Property Organization has been drafting a new Treaty on the Protection of Broadcasting Organizations that would provide copyright-like protection to broadcasting entities in signatory countries. As currently drafted, it would introduce a new layer of intellectual property rights that would be separate from, and in addition to, the rights of copyright holders. If implemented in the United States, the Treaty would represent a substantial shift from the norms and traditions of U.S. copyright law. This note will analyze how the Treaty might negatively impact the public's …

The Graduate Transfer Rule: Is The Ncaa Unnecessarily Hindering Student-Athletes From Traversing The Educational Paths They Desire, William C. Martin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Drunk Or Disabled - The Legal And Social Consequences Of Roy Tarpley's Discrimination Claim Against The Nba, Robin L. Muir

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Book Review: Game Of Shadows, Jeremy J. Geisel

Marquette Sports Law Review

No abstract provided.

Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings

Marquette Sports Law Review

No abstract provided.

The Immaculate Deception: How The Holy Grail Of Protectionism Led To The Great Steroid Era, Eldon L. Ham

Marquette Sports Law Review

No abstract provided.

Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard

UIC Law Review

No abstract provided.

"The Little State Department": Hollywood And The Mpaa's Influence On U.S. Trade Relations, Kevin Lee

Northwestern Journal of International Law & Business

In this article, I argue that the U.S. government has actively advocated domestic film industry interests in bilateral and multilateral trade agreements because of Hollywood's importance to the U.S. economy, and also because of the MPAA's influential lobbying efforts. Furthermore, I show that the MPAA has intervened directly in bilateral trade relations to protect its interests, even when such interests may run counter to the benefit of the U.S. economy.