Entertainment, Arts, and Sports Law Commons^™

Authors And Readers: Conceptualizing Authorship In Copyright Law, Alina Ng

UC Law SF Communications and Entertainment Journal

Copyright law recognizes authors as the first owners of copyright. However, there is paucity in literature in copyright analysis of the author and the rights which should be granted by virtue of the very act of creativity in the production of literary and artistic works. This indicates insufficient attention paid to a concept that is so central to a law that primarily aims to encourage authorship for society's benefit. The idea of the author and authorship as a creative process is central to copyright analysis. Deeper analysis of the author and creative authorship will provide insights into how the law …

Greenberg V. National Geographic Society: The Eleventh Circuit Clarifies The Privileged Revision Doctrine Of The Copyright Act, Joseph Siprut

UC Law SF Communications and Entertainment Journal

This case comment discusses the landmark decision of the Eleventh Circuit, Greenberg v. National Geographic Society, in which the court clarified the privileged revision doctrine of the Copyright Act. This case comment specifically discusses the many implications resulting from this decision and navigates the reader through the current doctrinal landscape pertaining to privileged revisions of published works under Section 201(c) of the Copyright Act. Unlike existing commentary pieces announcing the result of this case, this piece examines the underlying legal doctrines and complicated procedural backstory to the case because of the extensive research gathered from copies of unpublished opinions and …

Keeping The Internet Neutral: Net Neutrality And Its Role In Protecting Political Expression On The Internet, Jennifer L. Newman

UC Law SF Communications and Entertainment Journal

In Buckley v. Valeo, the Supreme Court found that discussion of public issues and debate on the qualifications of candidates is essential to the operation of the U.S. government. The Internet has become an important medium of political communication and this can arguably be attributed to its open nature and the large amount of control afforded to its users in selecting content. This note suggests that Congress must create proper regulations to ensure protection of political expression on the Internet. While discussing the two competing lobbying campaigns, net neutrality and net competition, this note ultimately promotes legislation currently pending in …

Social Networking And Sexual Predators: The Case For Self-Regulation, Sander J. C. Van Der Heide

UC Law SF Communications and Entertainment Journal

The proliferation of social networking as a means of communicating and organizing online social relationships has created fora for sexual predation, cyberbullying, and harassment. Increasingly, minors are joining social networks, like MySpace and Facebook, which raise several legal and moral issues regarding the obligations and duties social networking sites have to their users. This note provides a history of social networking sites and the dangers associated with their use. After examining various common law and statutory attempts to regulate social networking sites, this note concludes that because of immunity under the Communications Decency Act and the impractibility of regulating the …

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 …

"J.J. Morrison" And His Right Of Publicity Lawsuit Against The Ncaa (National Collegiate Athletic Association), Ray Yasser, Sean Hanlon

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Reasonable Foreseeability In Information Security Law: A Forensic Analysis, Meiring De Villiers

UC Law SF Communications and Entertainment Journal

Businesses, non-profit organizations and government agencies regularly compile and maintain electronic databases of information about individuals who interact with these institutions. This article presents an analysis of civil liability for failure to safeguard confidential information. It focuses on the situation where a database owner failed to patch a computer security vulnerability which facilitated compromise of sensitive information. In a civil action against a database owner, foreseeability of exploitation of the vulnerability at issue is a key element of the liability analysis. The article provides judicial decision makers with the theoretical basis and a practical methodology to make an informed and …

Spam Works: Evidence From Stock Touts And Corresponding Market Activity, Laura Frieder, Jonathan Zittrain

UC Law SF Communications and Entertainment Journal

We assess the impact of spain that touts stocks upon the trading activity of those stocks and sketch how profitable such spamming might be for spammers and how harmful it is to those who heed advice in stock-touting e-mails. We find convincing evidence that stock prices are being manipulated through spam. We suggest that the effectiveness of spamrnmed stock touting calls into question prevailing models of securities regulation that rely principally on the proper labeling of information and disclosure of conflicts of interest as means of protecting consumers, and we propose several regulatory and industry interventions.

Based on a large …

The Federal Communications Commission And The Nsa Call Database: The Duty To Investigate, Alan J. Chang

UC Law SF Communications and Entertainment Journal

In May of 2006, news broke out across the United States that the National Security Agency had compiled a call record database that consisted of numerous American consumers' private phone records. The NSA apparently obtained this data directly from four of the nation's largest phone providers at the time: AT&T, BellSouth, Verizon, and SBC. Although Congress called for an FCC investigation as to whether or not these phone companies broke the law, the Commission ultimately refused to involve itself in the matter despite the potentially immense breach of consumer privacy involved. Based on the minimal precedent to have covered this …

The Taming Of The Internet: A New Approach Third-Party Internet Defamation, Amanda Groover Hyland

UC Law SF Communications and Entertainment Journal

This article examines the liability of interactive Internet forum operators for defamatory statements written by third parties. It discusses Section 230 of the Communications Decency Act and how the courts have applied it to third-party Internet defamation. The article concludes that the courts' various approaches fail to adequately protect the various interests involved, as immunizing distributors fails to adequately protect defamation victims, and notice-based liability fails to adequately protect free expression on the web. Policy challenges and the constitutional foundations of libel law should be jointly considered to create a new test to evaluate liability for third-party libel on the …

Get Ready Cause Here They Come: A Look At Problems On The Horizon For Authorship And Termination Rights In Sound Recordings, Abbott Marie Jones

UC Law SF Communications and Entertainment Journal

Record companies have long included language in standard recording contracts declaring all sound recordings made by the artist works made for hire. Contractual provisions alone, however, will not be enough to confer work-for-hire status on sound recordings. Thus, record companies also require that artists assign some or all of their copyrights in the recordings to the record company. Beginning in 2013, authors of sound recordings will have the opportunity to exercise their right to terminate and renegotiate those assignments, their bargaining power increased by years of success in the music industry. Whether sound recordings will in fact be considered works …

Political Balk: Opening The Door For U.S.-Cuba Policy Reform Via Diplomatic Blunder At The World Baseball Classic, John O'Brien

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Like A Candle In The Wind: Shaw Family Archives, Ltd. V. Cmg Worldwide, Inc. And The Flickering Recognition Of Marilyn Monroe's Right Of Publicity In New York, John C. Fuller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Celebritysquatting: The Ubiquity Of Celebrity Culture And The Unique Problem It Presents For Domain Name Ownership, Sarah Noel Sheffield

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Professional Athletes Playing Video Games - The Next Prohibited Other Activity, Jonathan M. Etkowicz

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

There Will Be Blame: Misfortune And Injustice In The Sweet Hereafter, 5 U. Denv. Sports & Ent. L.J. 19 (2008), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

Beyond the varying opinions and critiques of the BCS, a more fundamental issue regarding the system is whether it is legal. Specifically, does it violate the antitrust laws? This is not a specious question. The Senate Judiciary Committee conducted hearings on the legality of the BCS in October 2003, and the House Subcommittee on Commerce, Trade, and Consumer Protection conducted similar hearings in December 2005. Another important aspect of the BCS is its prominent place as a visual symptom of America's winner-take-all society. Is extreme competition, where everyone strives to be the best but very few actually achieve that goal, …

Copyright Misuses, Fair Use, And Abuse: How Sports And Media Companies Are Overreaching Their Copyright Protections, 7 J. Marshall Rev. Intell. Prop. L. 621 (2008), Cory Tadlock

UIC Review of Intellectual Property Law

A recent FTC complaint has generated questions about the legality and effects of blanket copyright warnings issued by large sports and media companies. Copyright warnings from the NFL, MLB, and major motion picture studios often assert that no use whatsoever of their materials can be made without express permission, contrary to several provisions of U.S. copyright law. This comment proposes limiting the content and language of such warnings so consumers have a clearer view of what copyright law allows, and are not intimidated into foregoing their rights to use protected works. Exceptions like fair use and the idea-expression dichotomy prevent …

Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick

UIC Review of Intellectual Property Law

On August 5, 2005, the National Collegiate Athletic Association introduced its plan to end the use of Native American mascots, nicknames and imagery. Schools were required to change their offensive nicknames and mascots and were forced to stop using trademarks bearing Native American imagery. The NCAA ban presents the question of whether schools affected by the ban can bring a trademark action against the NCAA. One interpretation of trademark law provides a school with no redress because the NCAA has not created a competing mark. However, the other interpretation of trademark law provides a school with a valid trademark claim …

Are We All Dopes? A Behavioral Law & Economics Approach To Legal Regulation Of Doping In Sports, Shawn Crincoli

Scholarly Works

No abstract provided.

Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii

Marquette Sports Law Review

No abstract provided.

Progress Realized?: The Continuing American Indian Mascot Quandary, André Douglas Pond Cummings

Marquette Sports Law Review

No abstract provided.

A Sports Seminar With A Free Agent Market Exercise , Alfred Dennis Mathewson

Marquette Sports Law Review

No abstract provided.

2007 Annual.Survey: Recent Developments In Sports Law, Aaron S. Glass

Marquette Sports Law Review

No abstract provided.

Pink-Shirting: Should The Ncaa Consider A Maternity And Paterinity Waiver?, Spencer H. Larche

Marquette Sports Law Review

No abstract provided.

Mls' Designated Player Rule: Has David Beckham Single-Handedly Destroyed Major League Soccer's Single-Entity Antitrust Defense?, Robert M. Bernhard

Marquette Sports Law Review

No abstract provided.

Book Review: The Legal Analyst: A Toolkit For Thinking About The Law, Ryan M. Rodenberg

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Ron D. Cadwalader

Marquette Sports Law Review

No abstract provided.