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Entertainment, Arts, and Sports Law Commons™

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Articles 4651 - 4680 of 7197

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

Genericness Doctrine Need Not Apply: Employing Generic Domain Names In Cyberspace., C. Kim Lee Mar 2004

Genericness Doctrine Need Not Apply: Employing Generic Domain Names In Cyberspace., C. Kim Lee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Title Ix From The Red Rose Crew To Grutter: The Law And Literature Of Sports, Joseph Z. Fleming Mar 2004

Title Ix From The Red Rose Crew To Grutter: The Law And Literature Of Sports, Joseph Z. Fleming

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Iii: Ethics And Sports: Agent Regulation, Patrick Connors, John Genzale, Richard Hilliard, Brian Mackler Mar 2004

Panel Iii: Ethics And Sports: Agent Regulation, Patrick Connors, John Genzale, Richard Hilliard, Brian Mackler

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The End Of Software Piracy In Eastern Europe? A Positive Outlook With International Help, Allison M. Collisson Mar 2004

The End Of Software Piracy In Eastern Europe? A Positive Outlook With International Help, Allison M. Collisson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall Mar 2004

Panel Ii: Thirty Years Of Title Ix, Linda Wharton, Lawrence Joseph, Donna Lopiano, Alison Marshall

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet Mar 2004

Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Iii: The New Campaign Against Counterfeiting And Piracy., Barbara Kolsun, Heather Mcdonald, Darren Pogoda Mar 2004

Panel Iii: The New Campaign Against Counterfeiting And Piracy., Barbara Kolsun, Heather Mcdonald, Darren Pogoda

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Cyber Crime And Punishment: Filtering Out Internet Felons, Jessica Habib Mar 2004

Cyber Crime And Punishment: Filtering Out Internet Felons, Jessica Habib

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin Mar 2004

The Changing Evolution Of Sports: Why Performance Enhancing Drug Use Should Be Considered In Determining Tort Liability Of Professional Athletes, Michael F. Taxin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman Mar 2004

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.

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Panel I: The Future Of Sports Television, Ronald A. Cass, Mark Abbott, Irwin Kishner, Brad Ruskin Mar 2004

Panel I: The Future Of Sports Television, Ronald A. Cass, Mark Abbott, Irwin Kishner, Brad Ruskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Senators, Congressmen, Please Heed The Call: Ensuring The Advancement Of Digital Technology Through The Twenty-First Century., Andrew Sparkler Mar 2004

Senators, Congressmen, Please Heed The Call: Ensuring The Advancement Of Digital Technology Through The Twenty-First Century., Andrew Sparkler

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Escalating Copyright Wars, Peter K. Yu Mar 2004

The Escalating Copyright Wars, Peter K. Yu

Faculty Scholarship

Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based …

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Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White Feb 2004

Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White

Articles

I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …

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The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig Feb 2004

The Dmca Subpoena Power: Who Does It Actually Protect?, Thomas P. Ludwig

ExpressO

After years of legal maneuvering and courtroom skirmishes, the lines in the war between copyright holders and online copyright infringers have been clearly drawn. This conflict, which is poised to erupt in courts across the country, began decades ago with the birth of the Internet, which gave rise to a previously unparalleled opportunity for the dissemination, sharing, and enjoyment of every conceivable form of human expression. In addition to the benefits it has provided, the Internet also has given rise to copyright infringement on a global scale through the unauthorized posting and sharing of digital files. After years of unsuccessfully …

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On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips Feb 2004

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

American University Law Review

No abstract provided.

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Are You Still Settling For Cable? A Case For Broader Application Of The Fcc’S Over-The-Air Reception Devices Rule, Lavonda N. Reed-Huff Jan 2004

Are You Still Settling For Cable? A Case For Broader Application Of The Fcc’S Over-The-Air Reception Devices Rule, Lavonda N. Reed-Huff

UC Law SF Communications and Entertainment Journal

Many renters in the United States have no choice when it comes to selecting a video or communications service provider for their residence, due to their inability to install satellite dishes on their rental property. Because of this lack of choice, many must rely on traditional broadcast television, cable service and traditional telephone dial-up for receiving video programming and accessing advanced technologies such as the Internet. Others simply go without service altogether. While the FCC has attempted to address this problem, the rule they have promulgated, known as the "OTARD Rule," fails to go far enough to make video and …

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Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann Jan 2004

Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann

Law Faculty Scholarship

Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …

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Panel I: Trademark Dilution: Moseley And Beyond., Ceceelia Dempsy, Marie Driscoll, Hugh C. Hansen, Susan Progoff Jan 2004

Panel I: Trademark Dilution: Moseley And Beyond., Ceceelia Dempsy, Marie Driscoll, Hugh C. Hansen, Susan Progoff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Sports Facility Financing And Development Trends In Europe And Germany 2003, Michael Siebold, Angela Klingmüller Jan 2004

Sports Facility Financing And Development Trends In Europe And Germany 2003, Michael Siebold, Angela Klingmüller

Marquette Sports Law Review

No abstract provided.

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The Definition Of Doping And The Proof Of A Doping Offense (An Anti-Doping Rule Violation) Under Special Consideration Of The German Legal Position, Klaus Vieweg Jan 2004

The Definition Of Doping And The Proof Of A Doping Offense (An Anti-Doping Rule Violation) Under Special Consideration Of The German Legal Position, Klaus Vieweg

Marquette Sports Law Review

No abstract provided.

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Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona Jan 2004

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Articles

No abstract provided.

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Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian Jan 2004

Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian

Vanderbilt Journal of Entertainment & Technology Law

Imitation may indeed be flattering, but at least in the world of music, too much imitation is illegal. Copyright law protects "original works of authorship fixed in any tangible medium of expression. "It guarantees the owner of a copyrighted work the exclusive right to reproduce, distribute, display, and publicly perform the work, among other rights. To the owner of a copyright in music, that means that no one else may perform the musical work, or make or distribute copies of the original manuscript or a recording of the work, without the permission of the copyright owner.'

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Raising A Red Card: Why Freddy Adu Should Not Be Allowed To Play Professional Soccer, Jenna Merten Jan 2004

Raising A Red Card: Why Freddy Adu Should Not Be Allowed To Play Professional Soccer, Jenna Merten

Marquette Sports Law Review

No abstract provided.

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Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun Jan 2004

Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun

Michigan Journal of Gender & Law

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …

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From Mao To Yao: A New Game Plan For China In The Era Of Basketball Globalization, Dustin C. Lane Jan 2004

From Mao To Yao: A New Game Plan For China In The Era Of Basketball Globalization, Dustin C. Lane

Washington International Law Journal

Yao Ming, a Chinese basketball superstar and the top pick in the 2002 NBA draft, became just the third player from China to play professionally in the United States. His departure, however, was met with reluctance by the Chinese basketball bureaucracy and came at a high price: he had to agree to remit more than half of his salary to Chinese government agencies and return to play for the Chinese National Team in certain competitions. While Yao's release demonstrates willingness by the Chinese government to participate in an increasingly globalized sports world, it also highlights the growing pains of a …

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Cross Burning Revisited: What The Supreme Court Should Have Done In Virginia V. Black And Why It Didn’T, W. Wat Hopkins Jan 2004

Cross Burning Revisited: What The Supreme Court Should Have Done In Virginia V. Black And Why It Didn’T, W. Wat Hopkins

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States, in R.A. V. v. St. Paul, created a complicated framework of law that, despite years of case law to the contrary, would allow a court to hold a law banning cross burning to be constitutional, even if the law was not content-neutral. The ruling caused considerable problems in cases involving cross burning that reached lower appellate courts. In Virginia v. Black, the Court had the opportunity to resolve the problem, but refused to do so. Instead, the Court restructured the law related to intimidating and threatening speech, creating even more ambiguity. Under the …

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Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid Jan 2004

Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid

UC Law SF Communications and Entertainment Journal

Music embodies two copyrights: one for the words and notes, and another for the particular sound recording. Copyright law provides for a compulsory license that enables a Webcaster to transmit songs without first negotiating price and permission, provided a royalty fee is paid. A condition for being eligible for the statutory license is compliance with the "sound recording performance complement," which limits the number of songs that may be played during a three-hour period to no more than three songs from one album, and no more than two songs back to back. This Article argues that the "sound recording performance …

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Redefining The Transformative Use Of Copyrighted Works: Toward A Fair Use Standard In The Digital Environment, Jisuk Woo Jan 2004

Redefining The Transformative Use Of Copyrighted Works: Toward A Fair Use Standard In The Digital Environment, Jisuk Woo

UC Law SF Communications and Entertainment Journal

This paper analyzes the transformative use factor in fair use analysis of copyright law. The author argues that, in the changing information environment stimulated by digital information technology, the end user's creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work as found in the lower court cases after Campbell.

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But We Have To Protect Our Source: How Electronic Voting Companies' Proprietary Code Ruins Elections, Andrew Massey Jan 2004

But We Have To Protect Our Source: How Electronic Voting Companies' Proprietary Code Ruins Elections, Andrew Massey

UC Law SF Communications and Entertainment Journal

In the wake of the disastrous 2000 Presidential election, reformers turned to touch-screen electronic voting machines, or DREs, to avoid repeating Florida's experience with endless recounts and hanging chads. As soon as DREs were introduced, however, criticism quickly mounted, focusing on the machines' error-ridden code, inability to perform recounts, and susceptibility to hacking. This note explores how the problems associated with DREs stem directly from their reliance on proprietary source code. This note puts forth the argument that proprietary code place's electronic voting companies' intellectual property rights ahead of the public's need for an accountable and transparent voting system. In …

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