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Articles 5071 - 5100 of 7197

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

Foreword, Matthew J. Mitten Jan 2001

Foreword, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.

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The Seattle Art Museum: A Good Faith Donee Injured In The Restoration Of Art Stolen During World War Ii, 34 J. Marshall L. Rev. 613 (2001), Courtney S. Perkins Jan 2001

The Seattle Art Museum: A Good Faith Donee Injured In The Restoration Of Art Stolen During World War Ii, 34 J. Marshall L. Rev. 613 (2001), Courtney S. Perkins

UIC Law Review

No abstract provided.

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Trade Secrets, The First Amendment And The Challenges Of The Internet Age, David Greene Jan 2001

Trade Secrets, The First Amendment And The Challenges Of The Internet Age, David Greene

UC Law SF Communications and Entertainment Journal

Trade secret owners often come into conflict with the First Amendment rights of free speech and free press when they seek to restrict the publication of their trade secrets by others. Although the Uniform Trade Secrets Act provides some remedies for the unauthorized disclosure of trade secrets, First Amendment principles can make it difficult for trade secret owners to obtain such relief, especially when the publisher of the trade secret owes no duty of confidentiality to its rightful owner. Some trade secret owners have argued that trade secrets should be immune from First Amendment scrutiny, but there is no historical …

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The Supreme Court And Trade Dress - A Short Comment, William P. Kratzke Jan 2001

The Supreme Court And Trade Dress - A Short Comment, William P. Kratzke

UC Law SF Communications and Entertainment Journal

In the last nine years, the United States Supreme Court decided four cases that concern trade dress and the doctrine of functionality. With these decisions, the Court broadened the doctrine of functionality and narrowed the protection available for product configuration. The Court correctly held that the protection for a product's trade dress should not be as high as the protection for its trademark because consumers do not expect trade dress to function as trademarks do in identifying a product and its source. The author concludes that the Court has redefined the protection of trademark interests in these four cases so …

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Year Of The Living Dead: California Breathes New Life Into Celebrity Publicity Rights, Rhett H. Laurens Jan 2001

Year Of The Living Dead: California Breathes New Life Into Celebrity Publicity Rights, Rhett H. Laurens

UC Law SF Communications and Entertainment Journal

The use of images of deceased actors in film has become increasingly controversial in recent years. Advances in digital imaging technology have made it possible to manipulate these images to such an extent that it will soon be feasible to produce films in which they play leading roles. The lack of legal protections available to the deceased actors' heirs, who want the rights to control the use of the actors' images for both creative and economic reasons, prompted Fred Astaire's widow and other Hollywood celebrities to push for passage of the Astaire Celebrity Image Protection Act. Signed into law in …

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Turning Gray Into Green: Some Comments On Napster, Shubha Ghosh Jan 2001

Turning Gray Into Green: Some Comments On Napster, Shubha Ghosh

UC Law SF Communications and Entertainment Journal

File sharing involves a combination of legitimate distribution and illegitimate copying, and the two cannot be separated. The prevailing argument in the Ninth Circuit's Napster opinion, that he infringement is not in the distribution or the sharing, but in the copying, ignores the merger of copying and distribution. This article analyzes the economics of intellectual property, and applies that economic analysis to Napster as an alternative mechanism for the distribution of music. This article suggests that owners of file sharing systems like Napster privatize their economic interests through intellectual property law, by obtaining business method patent protection for file sharing …

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The First Amendment As A Check On Copyright Rights, Alan E. Garfield Jan 2001

The First Amendment As A Check On Copyright Rights, Alan E. Garfield

UC Law SF Communications and Entertainment Journal

Parties are increasingly raising the First Amendment as a potential limit on the scope of copyright rights. However, courts have traditionally found that copyright law already incorporates First Amendment interests, as it precludes protection of ideas and allows for the "fair use" of expression. This article addresses the issue of whether there needs to be additional First Amendment restraints. The author focuses on the broader principles of the First Amendment, and whether copyright law fully incorporates those principles. The author then discusses two recent cases, Worldwide Church of God v. Philadelphia Church of God and Los Angeles Times v. Free …

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Using Technology To Circumvent The Law: The Dmca's Push To Privatize Copyright, Matt Jackson Jan 2001

Using Technology To Circumvent The Law: The Dmca's Push To Privatize Copyright, Matt Jackson

UC Law SF Communications and Entertainment Journal

The anti-circumvention provisions of the Digital Millennium Copyright Act of 1998 threaten free speech by giving copyright owners extralegal protection for their works. The Act allows a copyright owner to adopt technological measures that may be used to expand control over their works beyond the limits created by the Copyright Act, including the first sale doctrine and fair use. Rather than restricting circumvention technology, lawmakers and copyright owners should focus on infringing conduct. By focusing on such infringing activity, free speech rights will be safeguarded.

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Legislative Prohibitions On The Enforcement Of Post-Employment Covenants Not To Compete In The Broadcasting Industry, Alice J. Baker Jan 2001

Legislative Prohibitions On The Enforcement Of Post-Employment Covenants Not To Compete In The Broadcasting Industry, Alice J. Baker

UC Law SF Communications and Entertainment Journal

This article examines covenants not to compete in the entertainment industry. In the first section of the article, the author discusses the common-law doctrine of non-competition agreements and their application in the context of the entertainment industry. Next, the author examines state legislative attempts to limit this type of agreement in the broadcasting industry, including possible justifications for a legislative prohibition on them in the entertainment industry. The author concludes that the costs of blanket prohibition outweigh the benefits of prohibitive legislation, and argues that broadcasting companies and employees should be free to negotiate and enforce postemployment covenants not to …

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Reconstructing First Amendment Doctrine: The 1990s (R)Evolution Of The Central Hudson And O'Brien Tests, Susan Dente Ross Jan 2001

Reconstructing First Amendment Doctrine: The 1990s (R)Evolution Of The Central Hudson And O'Brien Tests, Susan Dente Ross

UC Law SF Communications and Entertainment Journal

In this article, the Supreme Court's shifting and expanding approach to intermediate scrutiny of commercial free speech under the First Amendment is examined. The author maintains that the Supreme Court has increased the level of review for content-neutral laws regulating commercial speech, while decreasing the level of review of laws affecting the media. The author argues that these analytical shifts have eroded First Amendment protection for the media, replacing the traditional notion that the media is central to a functioning democracy with the view that the press is simply a powerful, commercial enterprise. The author concludes by contrasting two recent …

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Pricing Network Elements Under The Telecommunications Act Of 1996: Back To The Future, Salvatore Massa, Mark E. Meitzen, Steve G. Parsons Jan 2001

Pricing Network Elements Under The Telecommunications Act Of 1996: Back To The Future, Salvatore Massa, Mark E. Meitzen, Steve G. Parsons

UC Law SF Communications and Entertainment Journal

This article examines the Telecommunications Act of 1996 and Congress' intent that it encourage new local telephone exchange carriers to enter the local telephone market, thereby increasing competition and reducing consumer cost. The authors give an overview of the Act, and then examine the disputes surrounding how the new carriers should pay for the use of existing network facilities under it. The authors argue that the Supreme Court should adopt the Eighth Circuit's actual incremental costs approach, because it is based on the expected future costs of an actual market participant, and is therefore more consistent with sound economic principles.

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The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft Jan 2001

The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft

UC Law SF Communications and Entertainment Journal

No one has yet been able to agree on the meaning of the copyright laws related to webcast licensing and fees or how to define and treat new technological advances, innovations and uses. This article provides background into the history of the copyright law as it relates to music webcasting, including the Digital Performance Right in Sound Recordings Act of 1995 ("DPRA") and the DMCA, explains the various forms of copyright protection held in recorded sound performances and its relation to online transmissions, discusses the history of the complex, legal situation which has resulted, new developments surrounding the proposed Music …

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The Domain Name Registration .Bizness: Are We Being Pulled Over On The Information Super Highway, Navin Katyal Jan 2001

The Domain Name Registration .Bizness: Are We Being Pulled Over On The Information Super Highway, Navin Katyal

UC Law SF Communications and Entertainment Journal

This paper critically analyzes the de facto control over the Domain Name System currently administered by the not-for-profit organization, Internet Corporation for Assigned Names and Numbers ("ICANN"). Specifically, the author addresses the concerns of how ICANN fails to lead in the direction of appropriate Internet governance, and how it directs the Domain Name Registration ("DNR") industry to focus more upon economics, rather than engaging in legitimate issues surrounding trademark disputes created by the DNR.

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International Copyright Infringement And The Internet: An Analysis Of The Exisiting Means Of Enforcement, Matthew V. Pietsch Jan 2001

International Copyright Infringement And The Internet: An Analysis Of The Exisiting Means Of Enforcement, Matthew V. Pietsch

UC Law SF Communications and Entertainment Journal

An aspect of the Internet that contributes to the difficulty in policing copyright infringement is the inherently international nature of the medium. This article will identify some of the more complicated copyright enforcement issues that exist and will also describe some of the current legal devices available to combat international copyright infringement, such as: (1) the Digital Millennium Copyright Act; (2) the European Union Directive on Electronic Commerce; (3) the World Trade Organization and the related Agreement on Trade-Related Aspects of Intellectual Property; (4) the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty; (5) the North American …

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From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg Jan 2001

From Sheet Music To Mp3 Files--A Brief Perspective On Napster, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

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Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach Jan 2001

Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach

Kentucky Law Journal

No abstract provided.

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Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson Jan 2001

Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson

UIC Review of Intellectual Property Law

Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.

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Table Of Contents Jan 2001

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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Off His Rocker: Sports Discipline And Labor Arbitration, Roger I. Abrams Jan 2001

Off His Rocker: Sports Discipline And Labor Arbitration, Roger I. Abrams

Marquette Sports Law Review

No abstract provided.

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The Historical Origins Of Baseball Grievance Arbitration, J. Gordon Hylton Jan 2001

The Historical Origins Of Baseball Grievance Arbitration, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.

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John Rocker And Employee Discipline For Speech, Lewis Kurlantzick Jan 2001

John Rocker And Employee Discipline For Speech, Lewis Kurlantzick

Marquette Sports Law Review

No abstract provided.

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Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson Jan 2001

Protection Of The Athlete's Identity: The Right Of Publicity, Endorsements And Domain Names , J. Thomas Mccarthy, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

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A Consideration Of The Need For A National Dispute Resolution System For National Sport Organizations In Canada, Susan Haslip Jan 2001

A Consideration Of The Need For A National Dispute Resolution System For National Sport Organizations In Canada, Susan Haslip

Marquette Sports Law Review

No abstract provided.

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Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb Jan 2001

Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb

Marquette Sports Law Review

No abstract provided.

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Book Review: Employment Law: A Guide For Sport, Recreation, And Fitness Industries , Rebecca J. Mowrey Jan 2001

Book Review: Employment Law: A Guide For Sport, Recreation, And Fitness Industries , Rebecca J. Mowrey

Marquette Sports Law Review

No abstract provided.

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Book Review: Major League Losers: The Real Cost Of Sports And Who's Paying For It, Michael J. Mondello Jan 2001

Book Review: Major League Losers: The Real Cost Of Sports And Who's Paying For It, Michael J. Mondello

Marquette Sports Law Review

No abstract provided.

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Table Of Contents Jan 2001

Table Of Contents

Marquette Sports Law Review

No abstract provided.

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Reflections From A Fan: Searching For More Common Ground In Sociology And Law, Daniel C. Mcdonald S.J. Jan 2001

Reflections From A Fan: Searching For More Common Ground In Sociology And Law, Daniel C. Mcdonald S.J.

Marquette Sports Law Review

No abstract provided.

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Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino Jan 2001

Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino

Marquette Sports Law Review

No abstract provided.

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Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone Jan 2001

Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone

Marquette Sports Law Review

No abstract provided.

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