Entertainment, Arts, and Sports Law Commons^™

Long Overdue? An Exploration Of The Status And Merit Of A General Public Performance Right In Sound Recordings, Matthew S. Delnero

Vanderbilt Journal of Entertainment & Technology Law

In the sound recording performance rights debate, positions advocated by broadcasters are the polar opposite of those taken by recording artists and labels. Considering all the factors, it is likely that neither claim is entirely meritorious. Both are too extreme to be supported by available evidence. Radio broadcasters ignore what would amount to at least some international harmonization and added foreign royalties, as well as the potential creation of new works that would not be economically viable without a performance royalty. Furthermore, broadcasters fail to adequately account for the possible inequity of granting performance royalties to those who compose music …

The Balance Between Recording Artists And Recording Companies: A Tip In Favor Of The Artists?, Nicholas Baumgartner

Vanderbilt Journal of Entertainment & Technology Law

To protest the 1999 Copyright Act amendment, recording artists Don Henley and Sheryl Crow, among others, co-founded the RAC. While formed to serve as a "voice for artists' rights," the primary impetus behind its founding was to lobby Congress to delete sound recordings from the definition of "works made for hire" in the Copyright Act. Together with intense lobbying by AFTRA, individual recording artists and legal scholars, the RAC succeeded--in October 2000, sound recordings were removed from the definition of "works made for hire."

The momentum gained by artists in this lobbying effort inspired an attack on the other proverbial …

A Few Thoughts About Using Visual Images In Latcrit, Jo Carrillo

Faculty Scholarship

No abstract provided.

From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba

Michigan Telecommunications & Technology Law Review

Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …

Gallery Of The Doomed: An Exploration Of Creative Endeavors By The Condemned, Roberta M. Harding

Law Faculty Scholarly Articles

This Article examines creative expressions produced by the death row faction of the incarcerated population. Looking at these works provide insights about what it means to live as a condemned person in our society, and about the people who occupy the death rows across our nation. After reviewing and analyzing a substantial amount of the enormous body of work of this genre, it became apparent that the condemned's creative endeavors reflect how they address and handle serious issues such as their executions and the ways spirituality influences their life. When the individual issues are examined, two general themes are evident: …

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …

The Legal Context And Contributions Of Dostoevsky's Crime And Punishment, William Burnham

Michigan Law Review

Dostoevsky's Crime and Punishment is of more than average interest to lawyers. The title perhaps says it all in terms of content. The chief protagonist, the murderer Raskolnikov, is a law student on a break from his studies. And the pursuer of the murderer is a lawyer, an examining magistrate. But the more subtle and more important legal aspects of Crime and Punishment concern the time period in Russian legal history in which the novel was written and is set. The 1860s in Russia were a time of tremendous legal change. Among other things, an 1861 decree emancipated the serfs …

Accountability Conceptions And Federalism Tales: Disney's Wonderful World?, William W. Buzbee

Michigan Law Review

Richard Foglesong's Married to the Mouse: Walt Disney World and Orlando, may not offer the thrills of an entertainment park, but it is an uncommonly good read. In a book focused on approximately four decades of Disney's interactions with Orlando and state officials, political scientist Foglesong tells the tale of how Walt Disney ended up locating his new East Coast entertainment park in Orlando, Florida and what happened in subsequent government-Disney company interactions. Using chapter headings based on stages in a personal relationship's progression ("Serendipity" to "Seduction" through "Marriage," and ultimately, after interim stages, "Therapy"), Foglesong shows that while the …

Philadelphia, Michael T. Flannery

Law Faculty Scholarship

No abstract provided.

Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella

William & Mary Law Review

No abstract provided.

Sain V. Cedar Rapids Community School District: Providing Special Protection For Student-Athletes?, Patricia Abbott

Brigham Young University Education and Law Journal

No abstract provided.

Keynote Address, David C. Howard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Dispute Resolution At Games Time, Urvasi Naidoo, Neil Sarin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Proposed New Wipo Treaty For Increased Protection For Audiovisual Performers: Its Provisions And Its Domestic And International Implications, Adler Bernard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Dancing To The Beat Of A Different Drummer: Global Harmonization —And The Need For Congress To Get In Step With A Full Public Perforfance Right For Sound Recordings, John R. Kettle, Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Like A Sieve: The Child Internet Protection Act And Ineffective Filters In Libraries, Adam Goldstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel 1: Stadium Finance, Naming Rights & Team Relocation, Salvatore Galatioto, Joseph Leccese, John Moag, Thomas Ostertag

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.