Entertainment, Arts, and Sports Law Commons^™

Spam Vs. Ms. Piggy: An Entertainment Law Cautionary Tale, Candi Henry

Vanderbilt Journal of Entertainment & Technology Law

In terms of blockbusters, 1996 was a good year for film. Action-packed movies like Twister, Independence Day, and Mission Impossible competed for ticket sales with popular comedies Jerry Maguire, The First Wives Club, and The Birdcage. The critical favorite, The English Patient, also made a strong showing. Together, those films grossed almost $1.2 billion in domestic ticket sales alone, yet it was the modestly-performing family flick, Muppet Treasure Island that arguably made the biggest impact in entertainment law that year. That impact was not, however, the result of a landmark ruling. Rather, Hormel Foods Corporation v. Jim Henson Productions serves …

A Need For Heightened Scrutiny: Aligning The Ncaa Transfer Rule With Its Rationales, Jonathan Jenkins

Vanderbilt Journal of Entertainment & Technology Law

This note will explore the traditional rationales offered by the NCAA in implementing the Transfer Rule and suggests that these rationales are not served by the current Rule. Part I frames the environment in which the Transfer Rule exists by tracing the history of the NCAA. Part II explores the traditional rationales offered for justifying the Transfer Rule. In McHale v. Cornell University, the NCAA suggested that the purposes of the Transfer Rule are "(1) to prevent transfers solely for athletic reasons, (2) to avoid exploitation of student-athletes, and (3) to allow transfer students time to adjust to their new …

Inducers And Authorisers: A Comparison Of The Us Supreme Court's Grokster Decision And The Australian Federal Court's Kazaa Ruling, Jane C. Ginsburg, Sam Ricketson

Faculty Scholarship

On June 27, 2005, the US Supreme Court announced its much-awaited decision in MGM Studios, Inc. v. Grokster Ltd. A few months after this, the Federal Court of Australia handed down its decision at first instance in relation to parallel litigation in that country concerning the KaZaa file sharing system. Both decisions repay careful consideration of the way in which the respective courts have addressed the relationship between the protection of authors' rights and the advent of new technologies, particularly in relation to peer-to-peer networks.

In the Grokster case, songwriters, record producers and motion picture producers alleged that two popular …

Dividing Hedging And Gambling: Legal Implications Of Derivative Instruments, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

The past three decades have seen the emergence in themarket of many different types of “derivativeinstruments”, ranging from futures, forwards, options,and swaps1 to some other hybrid instruments2 orsynthetic transactions3 . Along with insurance,derivative instruments help market participants notonly to hedge various types of risks but also to engagein market speculation. A derivative transaction couldserve the purpose of avoiding large losses (i.e. hedging)as well as earning a windfall (i.e. speculation). As such,one question arises: Is there any difference betweengambling and derivative trading?

Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws

BYU Law Review

No abstract provided.

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii

West Virginia Law Review

No abstract provided.

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Is The Federal Circuit Affecting U.S. Treaties? The Itc, Sec. 271(G), Gatt/Trips & The Kinik Decision, Anne E. H. Li

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Phillips V. Awh Corp., Inc.: A Baffling Claim Construction Methodology, Ehab M. Samuel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Blogging: A Journal Need Not A Journalist Make, Anne Flanagan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …

Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor

BYU Law Review

No abstract provided.

The Naked Newscaster, Girls Gone Wild, And Paris Hilton: True Tales Of The Right Of Privacy And The First Amendment, Joseph Siprut

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis

American University Law Review

No abstract provided.

Unforced Rhythms Of Grace: Freeing Houses Of Worship From The Specter Of Copyright Infringement Liability, Brian D. Wassom

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Scope Of The 'Safe Harbor' Provision Of The Hatch-Waxman Act In View Of Merck V. Integra Lifesciences, Brian D. Coggio

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Take Us Back To The Ball Game: The Laws And Policy Of Professional Sports Ticket Prices, Nathan R. Scott

University of Michigan Journal of Law Reform

The prices of professional sports tickets have skyrocketed in recent years, depriving many fans of the time-honored tradition of taking their families out to a ball game. This Article argues that legal reform and political action are appropriate responses to these soaring prices.

First, the Article rebuts the threshold objection that economics alone justify current ticket prices. Professional sports teams reap a windfall from the public through corporate welfare, special-interest legislation, and favorable antitrust and tax laws. This preferential legal treatment undercuts the argument that teams are simply charging, or should charge, what the market will bear. In addition, teams …

Crisis Of Indefinite Consequence: How The Derivative Works Exception And The Lanham Act Undercut The Renumerative Value Of Termination Of Transfers, Ashok Chandra

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.