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Articles 4681 - 4710 of 7197

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

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll Jan 2004

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …

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The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley Jan 2004

The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley

Scholarly Articles in Law Reviews & Journals

In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …

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A Wolf In Sheep's Clothing: Wolf V. Ashcroft And The Constitutionality Of Using Mpaa Ratings To Censor Films In Prison, Colin Miller Jan 2004

A Wolf In Sheep's Clothing: Wolf V. Ashcroft And The Constitutionality Of Using Mpaa Ratings To Censor Films In Prison, Colin Miller

Faculty Publications

No abstract provided.

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Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni Jan 2004

Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni

Michigan Journal of International Law

In this paper the author will try to explore the topic from a different perspective: i.e. the emergence of cultural heritage as part of the shared interest of humanity, with the consequent need for international law to safeguard it in its material and living manifestations, including the cultural communities that create, perform and maintain it. Culture in itself is not extraneous to the formation of the modern nation State. Especially in the history of nineteenth century Europe, culture as language, religion, literary and artistic traditions provided the cement and the legitimizing element to support the claim to independent statehood.

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Holding The Spymasters Accountable After 9/11: A Proposed Model For Cia Disclosure Requirements Under The Freedom Of Information Act, Martin E. Halstuk Jan 2004

Holding The Spymasters Accountable After 9/11: A Proposed Model For Cia Disclosure Requirements Under The Freedom Of Information Act, Martin E. Halstuk

UC Law SF Communications and Entertainment Journal

For the last two decades, near-blanket CIA secrecy has gone largely unchecked, principally because of CIA v. Sims, a sweeping 1985 U.S. Supreme Court decision that exempted the Agency from virtually any disclosure requirements under the Freedom of Information Act (FOIA). The uncurbed secrecy that the Court has sanctioned effectively blocks public and press efforts to evaluate CIA performance, thus making Agency accountability difficult, if not impossible. The well-publicized missteps and failures by the CIA in connection with the 9/11 terrorist attacks illustrate the follies of how excessive secrecy can conceal grave problems in Agency management. This article argues that …

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Sharing And Stealing, Jessica Litman Jan 2004

Sharing And Stealing, Jessica Litman

UC Law SF Communications and Entertainment Journal

The purpose of copyright is to encourage the creation and mass dissemination of a wide variety of works. Until recently, most means of mass dissemination required a significant capital investment. The lion's share of the economic proceeds of copyrights were therefore channeled to publishers and distributors, and the law was designed to facilitate that. Digital distribution invites us to reconsider all of the assumptions underlying that model. We are still in the early history of the networked digital environment, but already we've seen experiments with both direct and consumer-to-consumer distribution of works of authorship. One remarkable example of the difference …

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Picking Up The Pieces Of Grokster: A New Approach To File Sharing, Tom Graves Jan 2004

Picking Up The Pieces Of Grokster: A New Approach To File Sharing, Tom Graves

UC Law SF Communications and Entertainment Journal

The introduction of peer-to-peer file-sharing has created a plethora of new legal issues regarding the creation and distribution of music recordings. The music, however, is only half of the story. The case of MGM Studios v. Grokster addresses the tension between promoting progress in music and protecting the development of new technologies. Although it may be time to revisit the judicial standard for vicarious and contributory copyright infringement in the file-sharing context, a new legislative framework must ultimately be found. The creators of music should be compensated for their work, but not at the unnecessary expense of new and useful …

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Can The Right Of Publicity Afford Free Speech - A New Right Of Publicity Test For First Amendment Cases, Jason K. Levine Jan 2004

Can The Right Of Publicity Afford Free Speech - A New Right Of Publicity Test For First Amendment Cases, Jason K. Levine

UC Law SF Communications and Entertainment Journal

The right of publicity finds itself increasingly threatened by the First Amendment. Recent decisions at both the state and federal levels have served to highlight the confusion and lack of uniformity. For example, the Ninth Circuit recently held that an artist could not sell T-shirts with a charcoal drawing of the Three Stooges without permission, yet shortly thereafter the Sixth Circuit rejected Tiger Woods' attempt to prevent an artist from selling a painting of him winning a golf tournament, on essentially the same grounds. The author argues that the right of publicity and the First Amendment can co-exist, but that …

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Two Concepts Of Liberty Valance: John Ford, Isaiah Berlin, And Tragic Choice On The Frontier, 37 Creighton L. Rev. 471 (2004), Timothy P. O'Neill Jan 2004

Two Concepts Of Liberty Valance: John Ford, Isaiah Berlin, And Tragic Choice On The Frontier, 37 Creighton L. Rev. 471 (2004), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson Jan 2004

Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Increasing The Inherent Risks Of Baseball: Liability For Injuries Associated With High-Performance Non-Wood Bats In Sanchez V. Hillerich & (And) Bradsby Co., Amanda M. Winfree Jan 2004

Increasing The Inherent Risks Of Baseball: Liability For Injuries Associated With High-Performance Non-Wood Bats In Sanchez V. Hillerich & (And) Bradsby Co., Amanda M. Winfree

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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The 2003 Legislative Assault On Violent Video Games: Judicial Realities And Regulatory Rhetoric, Clay Calvert Jan 2004

The 2003 Legislative Assault On Violent Video Games: Judicial Realities And Regulatory Rhetoric, Clay Calvert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer Jan 2004

A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Give Us Your Tired, Your Poor, Your Wretched Works Of Art: American Museums Can Fix Them Up, Show Them, And Send Them Back With Help From The Arts Indemnity Act, Nicole Bednarski Jan 2004

Give Us Your Tired, Your Poor, Your Wretched Works Of Art: American Museums Can Fix Them Up, Show Them, And Send Them Back With Help From The Arts Indemnity Act, Nicole Bednarski

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler Jan 2004

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …

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“Intellectual Alchemy”: Securitization Of Intellectual Property As An Innovative Form Of Alternative Financing, 3 J. Marshall Rev. Intell. Prop. L. 307 (2004), John M. Gabala Jr. Jan 2004

“Intellectual Alchemy”: Securitization Of Intellectual Property As An Innovative Form Of Alternative Financing, 3 J. Marshall Rev. Intell. Prop. L. 307 (2004), John M. Gabala Jr.

UIC Review of Intellectual Property Law

While asset-securitization has been around since the early 1980’s, prior to the now widely known structuring of musician David Bowie’s music catalogue into saleable bonds in 1997, music royalties and copyrights were never before used in a securitization. At the time, Bowie’s catalogue had a proven royalty track record; however, the valuation of the actual bonds remained untested in the illegal music-downloading era of today. This comment explores the benefits of intellectual property-based securitizations and their common valuation approaches. In addition, it is argued that appropriate credit enhancements should be employed to protect future Bowie bond style deals against the …

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“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman Jan 2004

“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman

UIC Review of Intellectual Property Law

The Recording Industry Association of America (RIAA) is the industry trade association for sound and music recordings and represents various music companies, songwriters, and music artists. One of the main functions of the RIAA is to enforce its members’ copyrights. The RIAA is currently representing members in copyright infringement lawsuits. As an alternative to being sued, the RIAA announced that it would grant amnesty to file sharers who voluntarily identified themselves and promised to stop illegally sharing music. In reality, non-RIAA members and even RIAA members themselves can still sue file sharers because the organization itself does not have the …

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Football's Intellectual Side: The Nfl Versus Super Bowl Parties And The Story Of The Fifty-Five Inch Television, 4 J. Marshall Rev. Intell. Prop. L. 125 (2004), Michael M. Fenwick Jan 2004

Football's Intellectual Side: The Nfl Versus Super Bowl Parties And The Story Of The Fifty-Five Inch Television, 4 J. Marshall Rev. Intell. Prop. L. 125 (2004), Michael M. Fenwick

UIC Review of Intellectual Property Law

The increasing popularity of the National Football League’s Super Bowl Championship has spawned an increasing number of private parties, some that employ projection-screen televisions measuring up to twenty feet diagonally. Only days before the 2004 Super Bowl, the NFL sent cease-and-desist letters to a number of business proprietors claiming display of the broadcast on televisions larger than fifty-five inches diagonally violated the NFL’s rights under 17 U.S.C. § 110(5). This Comment will show that because 17 U.S.C. § 110(5) was written to protect authors within the music industry, its application to broadcast television fails because of television’s fundamentally different business …

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A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg Jan 2004

A Legal Commentary On The National Federation Of High School Associations Track And Field Rules Relating To The Pole Vault, Russ Versteeg

Marquette Sports Law Review

No abstract provided.

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A Game Plan To Conserve The Interscholastic Athletic Environment After Lebron James, Kevin P. Braig Jan 2004

A Game Plan To Conserve The Interscholastic Athletic Environment After Lebron James, Kevin P. Braig

Marquette Sports Law Review

No abstract provided.

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May The Best Merchandise Win: The Law Of Non-Trademark Uses Of Sports Logos, Mark A. Kahn Jan 2004

May The Best Merchandise Win: The Law Of Non-Trademark Uses Of Sports Logos, Mark A. Kahn

Marquette Sports Law Review

No abstract provided.

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Eighth Annual Robert F. Boden Lecture: Drugs In Sports And The Law - Moral Authority, Diversity And The Pursuit Of Excellence, Hayden Opie Jan 2004

Eighth Annual Robert F. Boden Lecture: Drugs In Sports And The Law - Moral Authority, Diversity And The Pursuit Of Excellence, Hayden Opie

Marquette Sports Law Review

No abstract provided.

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Table Of Contents Jan 2004

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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Book Review: The Business Of Sports Agents, Ryan M. Rodenberg Jan 2004

Book Review: The Business Of Sports Agents, Ryan M. Rodenberg

Marquette Sports Law Review

None

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Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista Jan 2004

Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista

Marquette Sports Law Review

No abstract provided.

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Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland Jan 2004

Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland

Marquette Sports Law Review

No abstract provided.

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2003 Annual Survey: Recent Developments In Sports Law, Brent C. Moberg Jan 2004

2003 Annual Survey: Recent Developments In Sports Law, Brent C. Moberg

Marquette Sports Law Review

No abstract provided.

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Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck Jan 2004

Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck

Marquette Sports Law Review

No abstract provided.

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Football Play Scripts: A Potential Pitfall For Federal Copyright Law? , Brent C. Moberg Jan 2004

Football Play Scripts: A Potential Pitfall For Federal Copyright Law? , Brent C. Moberg

Marquette Sports Law Review

No abstract provided.

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International Sports Law And Business In The 21st Century Jan 2004

International Sports Law And Business In The 21st Century

Marquette Sports Law Review

No abstract provided.

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