Entertainment, Arts, and Sports Law Commons^™

Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Problems Of Anti-Circumvention Rules In The Dmca & More Heterogeneous Solutions, Yijun Tian

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Authorship, Ownership , And Control: Balancing The Economicc And Artistic Issues Raised By The Martha Graham Copyright Case, Sharon Connelly

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Will Lessig Succeed In Challenging The Ctea, Post-Eldred, Matthew Dean Stratton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Keeping Score: The Struggle For Music Copyright, Michael W. Carroll

ExpressO

Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was …

Music At The Edge Of Chaos: A Complex Systems Perspective On File Sharing, Deborah Tussey

Loyola University Chicago Law Journal

No abstract provided.

Charity Scandals As A Catalyst Of Legal Change And Literary Imagination In Nineteenth Century England, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

Nineteenth century England, often called the age of reform, was a period of enormous political, social, and economic change. In the first two decades came an increase in the rate of transformation of the economy, the polity and society and a greater stir and movement in all spheres of public activity caused by more “rational and purposeful” control based upon measuring, counting and observing. Political, economic and governmental institutions developed modern structures and approaches. Charitable regulation reflected these trends. As part of a broader movement of inquiry, supervision and statutory reform, and in an effort to remedy the social evils …

Yours For Keeps: Mgm V. Grokster, 23 J. Marshall J. Computer & Info. L. 209 (2005), Max Stul Oppenheimer

UIC John Marshall Journal of Information Technology & Privacy Law

Millions of people download billions of music files over the Internet, using peer-to-peer ("P2P") services such as Grokster, StreamCast, Morpheus, and Kazaa. This practice has been challenged as violative of copyright and, it has been argued, the magnitude of copyright violations facilitated by P2P services justifies banning the services entirely. This argument has been based on the assumption that most transfers over P2P services violate copyright. The starting point for this discussion is the recent decision of the United States Supreme Court to grant the certiorari petition of Metro-Goldwyn-Mayer Studios et al. to review the Ninth Circuit decision in MGM …

The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy

Marquette Sports Law Review

No abstract provided.

An Earthy Enigma: The Role Of Localism In The Political, Cultural And Economic Dimensions Of Media Ownership Regulation, Paul Cowling

UC Law SF Communications and Entertainment Journal

This article examines the Federal Communications Commission's public interest principle of localism and its role in media ownership regulation, particularly the National Television Station Ownership rule. The article explains the enigmatic concept of localism by approaching it from several angles, including other regulatory spheres, such as banking and antitrust; Canadian nationalism; historical broadcast regulation; federalism; and contemporary debates on media ownership. While * explaining what localism means, the article identifies the territorial impulse behind media ownership regulation and its link with territorial reference points in the self-determination of national and local communities. In doing so, the article constructs a simple …

Into The Grey: The Unclear Laws Of Digital Sampling, Bryan Bergman

UC Law SF Communications and Entertainment Journal

When Congress enacted the 1976 Copyright Act, the musical engineering process of digital sampling was not a common practice, nor explicitly contemplated by the Act. Over the last few decades sampling has become a very common practice. Early court decisions regarding sampling, viewed the practice as stealing; however, these decisions failed to take into account the positive transformative possibilities that sampling provides. Recently, DJ Dangermouse came out with an album entitled The Grey Album that mixed vocal content from the rap artist Jay-Z's The Black Album and musical content from the Beatles' White Album. However, Dangermouse never asked permission for …

The War Against The Illegal Antiquities Trade: Rules Of Engagement For Source Nations, Jason Mcelroy

UC Law SF Communications and Entertainment Journal

This article addresses the problems of retrieving stolen cultural property in a practical manner. Instead of proposing new legislation or changes in the current cultural property regime, this article argues that countries that are source nations for the growing illegal trade in antiquities should better prepare themselves for their retrieval attempts, which in turn gives them a better chance at retrieving them through civil cases. By focusing on settlements and cases won in the United States, the paper submits guidelines by which source nations can be best equipped to prevail in a United States civil suit of replevin.

Suing The News Media In The Age Of Tabloid Journalism: L. Lin Wood And The Battle For Accountability, Robert D. Richards, Clay Calvert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Is The System Flawed? Legal Ramifications Of The Bowl Championship Series And Conference Alignment, Josh Helton, Mike Slive Commissioner, Gary Roberts, Andrew Sorenson

Vanderbilt Journal of Entertainment & Technology Law

Vice Chancellor Williams:

Let me start -this is really a discussion, or a panel that deals with the BCS and conference alignment. So why don't we just jump right in it, and I think the first question that I would like to ask is --we'll throw it up, really I think I'd like to go to both Mike and Gary on this --why are we seeing all the movement around of the schools from conference to conference? What is this all about?

Gary Roberts:

That's 95% of it. It is schools trying to reposition themselves better in their industry, which …

"It's Mine! No, It's Mine! No, It's Mine!" Works-Made-For-Hire, Section 203 Of The Copyright Act, And Sound Recordings, Adam H. Dunst

Vanderbilt Journal of Entertainment & Technology Law

Under Section 203 of the 1976 Copyright Act, assignments of copyrights by authors after January 1, 1978, are subject to termination starting 35 years through 40 years after the date of the grant, regardless of any term stated in the agreement. Congress intended that authors have the opportunity to repossess copyrights and enjoy future rewards of their creative works at a point in time when they have a better sense of their works' values and more bargaining power. This "second bite at the apple" protects authors from transfers for which they were inadequately compensated. To protect authors' interests, the Copyright …

Termination Rights And The Real Songwriters, Geoffrey P. Hull

Vanderbilt Journal of Entertainment & Technology Law

Collaboration--the act of more than one songwriter writing a song--has seldom, if ever, been more popular or prevalent in popular music. A perusal of a recent Billboard Hot 100 singles chart revealed that 85 of the charted songs had more than one writer in their credits. Of the fifteen with single writer credits, thirteen were by the recording artists. The other two were remakes of decades-old hits. More often than not, especially on the pop charts, some of the co-writers are the recording artists or the producers of the recording. Many times these artist and producer co-writers have actually written …

The Reality Of Reality Television: Understanding The Unique Nature Of The Reality Genre In Copyright Infringement Cases, J. Matthew Sharp

Vanderbilt Journal of Entertainment & Technology Law

Because copyright law is meant to protect creativity, there must be a means by which the U.S. government can offer some guarantee to the creators of a reality show that their creative output will be guarded against copying which diminishes the show's value. Therefore, this note seeks to answer the question: "what can we do to provide a reasonable level of protection against infringement to the creators of a new concept for a reality show?" Part I of this note provides a brief overview of the law regarding copyright infringement with particular emphasis on the unique protection afforded a compilation …

Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay

Marquette Sports Law Review

No abstract provided.

Online Music Piracy: Can American Solutions Be Exported To The People's Republic Of China To Protect American Music?, Jolene Lau Marshall

Washington International Law Journal

Online music piracy is a major problem in the United States and a growing problem in the People's Republic of China ("PRC"). Despite awareness of the roots of the problem, the responses of the American government and recording industry have enjoyed only mixed success. The most effective ways of combating online music piracy have been the legal pursuit of individual copyright infringers and the emergence of fee-based download services. In light of the differences in social background, laws, enforcement structure, and cultural beliefs between the United States and the PRC, simply transplanting American responses to online music piracy to the …

Words Signifying Nothing - The Evolution Of 315(A) In An Age Of Deregulation And Its Effect On Television News Coverage Of Presidential Elections, Colin Vandell

UC Law SF Communications and Entertainment Journal

Focusing on private networks' television news coverage of presidential campaigns, this Note addresses the enactment and rise of Section 315(a) of the Communications Act of 1934 (the equal time rule) and the fairness doctrine that it officially operated in conjunction with for forty years. The Note then turns to the deregulation trend that abolished the fairness doctrine and took much of the bite out of Section 315(a). The Note concludes by examining the rise of ideology-driven and also of marketdriven political coverage that a laxly-enforced Section 315(a) has allowed.

No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer

UC Law SF Communications and Entertainment Journal

Many people, interested in the way animals are treated in the entertainment industry, rely on the American Humane Association's end credit disclaimer, "No Animals Were Harmed During the Making of this Production" to quiet their concerns about animal mistreatment and to avoid supporting films or television programs that injure animals. However, the AHA's end credit disclaimer is misleading because it suggests that projects with the disclaimer are cruelty free. Even if a film or television show receives the "No Animals Were Harmed..." designation, chimpanzees cannot become "actors" and appear on the stage or screen without being subject to severe physical …

Why Protect Political Art As Political Speech, David Greene

UC Law SF Communications and Entertainment Journal

Politics and art make for a volatile combination both socially and jurisprudentially. Although the capacity of artistic expression to relay political ideas was one of the driving forces behind the recognition of strong First Amendment rights for artistic expression, governmental officials tend toward the censorious when art communicates too much and "offends" or causes "controversy." Indeed, when art is "public," that is funded or exhibited by a governmental entity, public officials would often prefer that it contain no message at all. This article reviews the evolution of First Amendment protection for artistic expression, discusses why artistic expression is protected by …

Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik

UC Law SF Communications and Entertainment Journal

In 1999 and 2000, a group of federal court decisions ruled that the Eleventh Amendment precludes Congress from holding states and their institutions liable in damages for infringing federal intellectual property protection laws. These rulings have created a marked imbalance in the American intellectual property system, in which states can fully protect their own intellectual property yet freely infringe on the intellectual property rights of others. Private intellectual property owners argue that this imbalance increasingly threatens the health of the American economy. In response, Congressional reformers enacted the Intellectual Property Protection Restoration Act. The legislation uses a conditional waiver scheme …

Undermining The Initial Allocation Of Rights: Copyright Versus Contract And The Burden Of Proof, Thomas A. Mitchell

UC Law SF Communications and Entertainment Journal

Copyright law is designed to provide authors with incentives to create work. Publishers have usurped these incentives, however, by leveraging their superior bargaining power to contractually require authors to transfer all rights to a work. This Note argues that this problem could be resolved by a shifting the burden of proving that the contract was voluntary, and not coerced, from the author to the publisher. Proving that a contract was not voluntarily entered into forms an affirmative defense for a breach, which places the burden on the author. This Note will show that intellectual property cases are different, because, inter …