Entertainment, Arts, and Sports Law Commons^™

Exploring Iraq War News Coverage And A New Form Of Censorship In Violation Of The Quickly Evaporating Public Interest Requirement And Public Right To Receive Information, Robin A. Arzon

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Struggle For Music Copyright, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright 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 originally far more circumscribed than …

Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"If It Walks, Talks And Squawks ... " The First Amendment Right Of Access To Administrative Adjudications: A Position Paper, The Committee On Communications And Media Law Of The Association Of The Bar Of The City Of New York

Cardozo Arts & Entertainment Law Journal

No abstract provided.

What Is A Copy?, Jeffrey Malkan

Cardozo Arts & Entertainment Law Journal

Copyright law encourages artistic and literary expression by policing copying and embracing the value of originality. To some degree, however, originality comes into focus only through the lens of copying, its unacknowledged, dark twin. The questions I ask in this inquiy are both "what" and "why "? What is the difference between a work and a copy? If there is a difference, why is the copy less worthy than the original? In my consideration of these questions, I draw upon a body of theory that attempts to explain the unequal status conferred by the art world on perceptually indiscernible objects-authentic …

Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Imaginatively Public: The English Experience Of Art As Heritage Property, Joseph L. Sax

Vanderbilt Journal of Transnational Law

England was once hugely prosperous and possessed an extraordinary share of the world's great art. In the years following the French Revolution, political turmoil in Europe brought a number of superb works of art on the market, and English collectors avidly bought them. Even earlier, young aristocrats returned to England from their grand tours with a keen appreciation of the aesthetic achievements of the continent and the means to acquire any works that pleased them.

With few exceptions, these treasures entered the collections of individuals as their private property. In its scope, this was a unique experience in privatization, unlike …

Whose Idea Is It Anyway? Protecting Idea Purveyors And Media Producers After Grosso V. Miramax, Aileen Brophy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Trend Forecast: Imitation Is A Legal Form Of Flattery-Louis Vuitton Malletier V. Dooney & Bourke, Inc., Sarah J. Kaufman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Second Class Athletes: The Usoc's Treatment Of Its Paralympians, Jason Kroll

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Too Famous For The Right Of Publicity: Etw Corp. And The Trend Towards Diminished Protection For Top Celebrities, Michael Sloan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A "Quizzical" Look Into The Need For Reality Television Show Regulation, Tara Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Publicity Rights As Property Rights, David Westfall, David Landau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Law, Geography And Cyberspace: The Case Of On-Line Territorial Privacy, Daniel Benoliel

Cardozo Arts & Entertainment Law Journal

Territorial privacy, one of the central categories of privacy protection, involves setting limit boundaries on intrusion into an explicit space or locale. Initially, the Restatement (Second) of Torts, which defined the privacy tort of intrusion as applied by courts, most notably designated two classes of excluded areas: "private" places in which the individual can expect to be free from intrusion, and "non-private" places, in which the individual does not have a recognized expectation of privacy. In the physical world, courts ultimately held, almost uniformly, that the tort of intrusion could not occur in a public place or in a place …

When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.

For-Bid Scalping Online?: Anti-Scalping Legislation In An Internet Society, Daniel Glantz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Ncaa's Regulations Related To The Use Of Agents In The Sport Of Baseball: Are The Rules Detrimental To The Best Interest Of The Amateur Athlete?, Richard T. Karcher

Vanderbilt Journal of Entertainment & Technology Law

First, this Article will discuss the NCAA regulations applicable to all sports regarding the use of agents by amateur athletes. Next, this Article will discuss (i) the mechanics of the annual Major League Baseball draft, (ii) the factors that contribute to the necessity and desire for amateur baseball players to retain a competent agent or lawyer before they have extinguished their NCAA eligibility, and (iii) how the NCAA regulations are detrimental to both drafted and draft-eligible amateur baseball players. Finally, this Article will discuss how the NCAA should revise its regulations to better serve the amateur athlete in the sport …

Representant Les Etats-Unis D'Amerique: Reforming The Usoc Charter, Christopher T. Murray

Vanderbilt Journal of Entertainment & Technology Law

This Article proposes a reorganization of Olympic and amateur sports in the States not yet entertained by Congress, the USOC, or the legal academy. Congress should revoke the USOC's charter as a patriotic organization. The USOC should be divided and reformed. The Olympic-related functions of the USOC should be recast into a government corporation. Thus, the financial, political, and legal functions of representing the United States in the Olympic movement would be administered like those of a corporation. The governance of amateur sports should be removed from the USOC's charter and privatized into an association of the individual sports.

Part …

Copyright Infringement In The Indian Film Industry, Rachana Desai

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on the largest of these industries: Bollywood, the center of Hindi language cinema. In recent years, nearly eight out of every ten Bollywood scripts have been inspired by one or more Hollywood films. Previously, this widespread problem was not visible to those outside of India. The emergence of the internet and better global communications, however, have made Westerners more aware of the cultural copy situation in India. In 2003, best-selling fiction writer Barbara Taylore-Bradford brought a copyright infringement suit against Sahara Television for allegedly making a television series out of her book "A Woman of Substance." After …

Digital Music Sampling And Copyright Law, Carlos Ruiz De La Torre

Vanderbilt Journal of Entertainment & Technology Law

Copyright law governing digital music sampling is faced with two competing interests: first, the owners of recording and composition copyrights need to be reasonably compensated when their creative works are reused by sampling artists, but secondly, sampling artists should have a reasonable degree of freedom to rework fragments of existing recordings at a reasonable cost. A system needs to balance these interests and reduce the degree of uncertainty that arises when the use of a sample infringes a copyright. This Article will discuss the current state of the law as it relates to digital sampling and will then articulate five …

Some Catching Up To Do, Kara M. Wolke

Vanderbilt Journal of Entertainment & Technology Law

The analysis begins with a discussion of the purposes behind the WPPT and the international recognition of a general sound recording performance right. Part I discusses Congress' partial implementation of the WPPT through the Digital Millennium Copyright Act of 1998 (DMCA) and the digital performance right. Part II explores the value that recognition of the full public performance right under the WPPT would create for the American music industry. Finally, Part III proposes a solution in the form of an amendment to the Copyright Act and the coordination of national and international performance rights organizations.

Are We Playing By The Rules? A Debate Over The Need For Ncaa Regulation Reform, Katherine Todd, Chris Guthrie, Professor Covington, Linda Bensel-Meyers, Gene Marsh, Mike Slive Commissioner, Len Elmore

Vanderbilt Journal of Entertainment & Technology Law

We welcome all of you here today. The moderator for this morning's panel is Professor Robert Covington. Professor Covington is a senior member of the Vanderbilt faculty, having joined the law school immediately after his graduation from Vanderbilt Law in 1961. Professor Covington did his undergraduate work at Yale. He has established himself as a wide-ranging scholar and teacher, with a recognized expertise in labor law. Professor Covington has also taught sports law classes at the Law School. In recognition of his distinguished service to Vanderbilt, in 1992 he received the university's Thomas Jefferson Award. Professor Covington, I'll turn it …

The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the bright-line rule announced in Bridgeport Music should not apply where the disputed digital sample appropriates only the "sonic" ideas of the original work. The main thrust of this argument is that the Sixth Circuit's holding in Bridgeport Music is inapplicable where the disputed copying is a protected exercise of "fair use" reverse engineering; that is, where copying is necessary to appropriate the "sonic" ideas embodied in the sampled work.

Part II of this Note presents a brief history of digital sampling, including its application in the Hip-Hop musical genre. Part III presents a walkthrough of …

Tragedy And Triumph In Title Ix, Welch Suggs

Vanderbilt Journal of Entertainment & Technology Law

The NCAA is trying to send a stronger message about the importance of the educational goals of college sports, as evidenced by the elevation of academic standards. However, colleges send a powerful message to parents by rewarding them for allowing their children to play a single sport year-round, to the exclusion of other activities. If sport offers a stronger guarantee of college admission than study--and Bowen's work indicates that is true not just at big-time sports powerhouses, but also at the country's most prestigious colleges--who can blame a student or parent from diving into sports? The future of women's athletics …

Arresting Vaulting Pole Technology, Russ Versteeg

Vanderbilt Journal of Entertainment & Technology Law

Generally speaking, sports rules perform at least six functions, many of which overlap. Sports rules: 1) define the game; 2) promote safety; 3) prohibit unfair advantage; 4) promote administrative efficiency; 5) foster good sportsmanship; and, 6) promote fairness. Presumably, as sports evolve, rule makers must seriously consider at least two important questions when deciding how to respond to any given technological innovation that affects a sport. They must consider its potential impact on the integrity of the sport (i.e., how it affects both the definition of the game as well as whether it creates an unfair advantage and/or otherwise hinders …

Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo

Articles

Team physicians for professional sports franchises face a conflict of interest created by the competing loyalties they owe to the team that employs them and to the athlete-patient they must treat. Marketing agreements under which physicians pay significant sums of money to be designated as the team's "official healthcare provider" exacerbate this conflict. These marketing arrangements call into question the independent judgment of team physicians and cause players to question the quality of care they receive.

This paper explores several solutions to the growing conflicts between athletes and team doctors with the goal of enhancing players' trust in the medical …

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

Faculty Scholarship

Before becoming a poster child for gender equity in athletics, Heather Sue Mercer was an all-state place kicker at Yorktown Heights High School in Yorktown Heights, New York (pop. 7,972). She enrolled at Duke University in the fall of 1994 and decided to become the first woman ever to try out for the Duke football team. Initially she failed to make the team as a walk-on, but the following spring she was invited by the seniors on the team to play in the annual Blue-White scrimmage. She ended up kicking a game-winning twenty-eight-yard field goal. Afterwards, Duke head coach Fred …