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Articles 4531 - 4560 of 7197

Full-Text Articles in Entertainment, Arts, and Sports Law

On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline Jan 2005

On A Clearplay, You Can See Whatever: Copyright And Tradmark Issues Arising From Unauthorized Film Editing, Gail H. Cline

UC Law SF Communications and Entertainment Journal

A growing number of companies are offering "E-rated" versions of motion picture VHS tapes and DVDs-that is, versions which have been edited to remove nudity, sexual situations, and offensive or graphic language. These third-party editors do not own the copyrights or trademarks for the motion pictures they edit, nor do they have the permission of the owners. This article explains the processes that the thirdparty editors use to create the edited versions, as well as the copyright and trademark laws that apply, and analyzes the activities of the third-party editing companies actions in light of current copyright and trademark laws.

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Reformulating The On Sale Bar, Frank Albert Jan 2005

Reformulating The On Sale Bar, Frank Albert

UC Law SF Communications and Entertainment Journal

The On Sale Bar has been construed narrowly to require that an invention be ready for patenting and that a commercial offer for sale be made in order for the Bar to apply. Although this approach provides certainty for patent applicants, it potentially increases monopoly profits for patentees by disregarding commercial activity designed to increase demand for an invention that is ready for patenting. This Note concludes that a broader formulation of the On Sale Bar that considers this type of activity is more in line with the relevant underlying policies.

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A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert Jan 2005

A Bipolar Copyright System For The Digital Network Environment, Alexander Peukert

UC Law SF Communications and Entertainment Journal

The widespread adoption of peer-to-peer software has allowed for fast, cheap, and easy distribution of content all over the world. Although this technology promises great advances for the global exchange of knowledge, it also greatly threatens copyright owners' interests. This article analyzes possible solutions to this conflict from an international copyright law prospective, considering requirements imposed by TRIPS, The Berne Convention, and The WIPO Copyright Treaty. This article proposes a flexible "bipolar" system, in which authors are allowed to choose between compensation provided by a levy-tax system and protection of their works through digital rights management technology, as a solution …

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The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox Jan 2005

The Reporter's Privilege: The Necessity Of A Federal Shield Law Thirty Years After Branzburg, Leila Wombacher Knox

UC Law SF Communications and Entertainment Journal

To date, thirty-one states and the District of Columbia have enacted shield laws that provide varying degrees of protection to reporters, their sources, and their notes. Several federal lawmakers have publicly considered whether a similar federal law would be appropriate. This note examines the roots of the reporter's privilege, surveys selected state shield laws, and considers the impact of the seminal Supreme Court case in the federal realm.

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Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey Jan 2005

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Judging Art, Christine Farley Jan 2005

Judging Art, Christine Farley

Scholarly Articles in Law Reviews & Journals

What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …

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Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene Jan 2005

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Michigan Journal of Gender & Law

The disparity between what the Constitution permits of public schools and what Title IX permits of private ones is unquestionably stark. This Article calls this disparity into question. First, it asks under what circumstances, if any, allowance for sex discrimination in athletics may be justified under constitutional standards. Then, it considers the practical relevance of the disparity between how a school may lawfully discriminate under Title IX and how it may do so under the Equal Protection Clause. Finally, it offers a prescription for bringing into balance the gender equity messages sent by Title IX and the Constitution.

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Enhancing The Performance Of The Doping Court: How The Court Of Arbitration For Sport Can Do Its Job Better, Michael Straubel Jan 2005

Enhancing The Performance Of The Doping Court: How The Court Of Arbitration For Sport Can Do Its Job Better, Michael Straubel

Loyola University Chicago Law Journal

No abstract provided.

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The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra Jan 2005

The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra

UC Law SF Communications and Entertainment Journal

Digital online piracy of television programming is a growing problem that has the television industry, production studios, and the Motion Picture Association of America searching for a cure. The FCC's planned cure is the "broadcast flag," which requires manufacturers of television equipment to bear the burden of protecting broadcast programming from pirates. The FCC's scheme not only contains several loopholes allowing pirates to circumvent the flag technology, it also protects only a tiny fraction of digital television content, at the cost of consumers. This note explains the ineffectiveness of the "broadcast flag," and suggests an alternate scheme based around copyright …

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Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner Jan 2005

Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner

UC Law SF Communications and Entertainment Journal

Digital Downloading has become an exciting distribution model that has made large amounts of music available to consumers for a fraction of the price of a compact disc. However, if the mechanical royalty rate paid to composers for the reproduction of their work remains pegged to a fixed number, fluxuations in the retail price of downloads will either reduce or increase the relative value of the payment. To avoid smaller margins, which could dissuade independent labels from making masters available online, or a disproportionately low mechanical rate, the statutory mechanical royalty should be set as a percentage of wholesale receipts, …

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As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii Jan 2005

As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii

UC Law SF Communications and Entertainment Journal

A stark circuit split mars the consistency of trademark infringement analyses within U.S. Circuit Courts of Appeal; some circuits review likelihood of confusion as a matter of fact, while others review it as a matter of law. This disparity places appellants at a disadvantage in some circuits and unnecessarily hinders the function of appellate courts by constraining their review of a substantially subjective balancing of facts. This Note concludes that although the individual factors indicating a likelihood of confusion are issues of fact, the ultimate issue of likelihood of confusion should be reviewed as a matter of law, allowing Circuit …

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Keeping Out The Little Guy: An Older Contract Advisor's Concern, A Younger Contract Advisor's Lament, Lloyd Zane Remick, Christopher Joseph Cabott Jan 2005

Keeping Out The Little Guy: An Older Contract Advisor's Concern, A Younger Contract Advisor's Lament, Lloyd Zane Remick, Christopher Joseph Cabott

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Stadium Financing: Where We Are, How We Got Here, And Where We Are Going, Frank A. Mayer Iii Jan 2005

Stadium Financing: Where We Are, How We Got Here, And Where We Are Going, Frank A. Mayer Iii

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Is Open Voir Dire A Good Thing - Abc, Inc. V. Martha Stewart: The Second Circuit's Interpretation Of First Amendment Rights During Jury Selection In High-Profile Celebrity Trials, Catherine Stehlin Jan 2005

Is Open Voir Dire A Good Thing - Abc, Inc. V. Martha Stewart: The Second Circuit's Interpretation Of First Amendment Rights During Jury Selection In High-Profile Celebrity Trials, Catherine Stehlin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Terrorism, Tourism, And Torts: Liability In The Event Of A Terrorist Attack On A Sports Or Entertainment Venue, Caitlin M. Piccarello Jan 2005

Terrorism, Tourism, And Torts: Liability In The Event Of A Terrorist Attack On A Sports Or Entertainment Venue, Caitlin M. Piccarello

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines Jan 2005

Black Musical Traditions And Copyright Law: Historical Tensions, Candace G. Hines

Michigan Journal of Race and Law

This Note begins with a discussion of copyright law and then examines Black musical traditions and how they have conflicted with American copyright law through the years. Part I explains the history of American copyright law and its theoretical underpinnings. Part II relates common Black musical traditions in more detail. Part III illustrates how the foundations of Black musical traditions can be found in Negro Spirituals. Part IV outlines the notion of Black music as it evolved in ragtime. Part V describes how copyright undermined the traditions of blues, jazz, and R&B. Part VI explains how rock 'n' roll's prominence …

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Attacking The Ncaa's Anti-Transfer Rules As Covenants Not To Compete, Ray Yasser, Clay Fees Jan 2005

Attacking The Ncaa's Anti-Transfer Rules As Covenants Not To Compete, Ray Yasser, Clay Fees

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle Jan 2005

A Proposed Quick Fix To The Dmca Overprotection Problem That Even A Content Provider Could Love . . . Or At Least Live With, Devon Thurtle

Seattle University Law Review

This article explains the evolution of the fair use doctrine, which historically prevented copyright holders from having too much control over their works by allowing certain legal and non-infringing fair uses of protected works. Part II explains how the United States Supreme Court developed the Betamax standard to apply the doctrine of fair use to a new technology: home video recorders. Part II also addresses how fair use and the Betamax standard might apply to digital technologies. Part III explains how the DMCA effectively abolished the defense of fair use and its application under the Betamax standard. Finally, Part IV …

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Table Of Contents Jan 2005

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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The Jurisprudence Of Judge Kenesaw Mountain Landis, Shayna M. Sigman Jan 2005

The Jurisprudence Of Judge Kenesaw Mountain Landis, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.

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An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr. Jan 2005

An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr.

Marquette Sports Law Review

No abstract provided.

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The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell Jan 2005

The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell

Marquette Sports Law Review

No abstract provided.

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Sports Law In The State Of Wisconsin, Paul M. Anderson Jan 2005

Sports Law In The State Of Wisconsin, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

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Index: Sports Law In Law Reviews And Journals, Stacey Meyer Jan 2005

Index: Sports Law In Law Reviews And Journals, Stacey Meyer

Marquette Sports Law Review

No abstract provided.

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Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker Jan 2005

Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker

Marquette Sports Law Review

No abstract provided.

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Table Of Contents Jan 2005

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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Keep Your Eye On The Pelota: Sports Arbitration At The Jai-Alai Fronton, Roger I. Abrams Jan 2005

Keep Your Eye On The Pelota: Sports Arbitration At The Jai-Alai Fronton, Roger I. Abrams

Marquette Sports Law Review

No abstract provided.

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Adr And Drug Testing In Professional Tennis: An Effective Doubles Team?, Ryan M. Rodenberg, Katie A. Featherston Jan 2005

Adr And Drug Testing In Professional Tennis: An Effective Doubles Team?, Ryan M. Rodenberg, Katie A. Featherston

Marquette Sports Law Review

No abstract provided.

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A Proposal For The United States Olympic Committee To Incorporate Formal Mediation Within Its Grievance Process, Kathleen C. Wallace Jan 2005

A Proposal For The United States Olympic Committee To Incorporate Formal Mediation Within Its Grievance Process, Kathleen C. Wallace

Marquette Sports Law Review

No abstract provided.

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Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg Jan 2005

Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

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