Entertainment, Arts, and Sports Law Commons^™

Phoenix Rising: Inside The Owner's Box With Counsel To Jerry Colangelo, J. S. Ruffner

Vanderbilt Journal of Entertainment & Technology Law

In late spring of 1987, I received a telephone call that changed my law practice. Jerry Colangelo, General Manager of the Suns since its arrival in Phoenix as an expansion NBA franchise in 1969, called me to discuss representing a group of investors he was putting together for the purchase of the franchise. At the time, the Suns franchise was the only major professional sports team in Arizona and had been very successful. Unfortunately, the reputation of the team, carefully nurtured from its arrival, recently had been tarnished by allegations and investigations concerning drugs. Jerry explained that the Tucson and …

Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West

Georgetown Law Faculty Publications and Other Works

In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …

Cyberspace Charities: Fundraising Tax Issues For Nonprofit Organizations In An Internet World, Hans Famularo

UC Law SF Communications and Entertainment Journal

Nonprofit organizations are increasingly relying on the internet as a fundraising tool. This note provides an overview of tax issues affecting online fundraising and suggests certain tax planning strategies to avoid the Unrelated Business Income Tax (UBIT) rules in anticipation of the possible position that the U.S. Treasury and the Internal Revenue Service may take in the future regarding online fundraising.

Issue 51 - December 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Crisis of ORT, page 1

News from the Duma, page 5

Communists Call for Control of Media, page 7

Election News, page 12

News on VGTRK, page 13

Other Media News, page 17

Azerbaijan, page 20

Belarus, page 22

Estonia, page 22

Moldova, page 22

Ukraine, page 23

Albania, page 24

Bulgaria, page 25

Hungary, page 25

Poland, page 26

Slovakia, page 27

Yugoslavia and Former Yugoslavia:

Bosnia-Herzegovina, page 29

Macedonia, page 33

Montenegro, page 33

Serbia, page 34

Slovenia, page 36

Law of Kyrgyz Republic on Mass Media, page 37

Queries and …

Issue 50 - November 1, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Media Tax Concessions Law, page 1

Proposed Amendments to Mass Media Law, page 3

News on ORT, page 4

VGTRK Supervisory Council, page 8

Other Media News, page 10

Armenia, page 12

Latvia, page 12

Tajikistan, page 12

Turkmenistan, page 13

Ukraine, page 13

Albania, page 14

Hungary, page 16

Slovakia, page 18

Yugoslavia and Former Yugoslavia

Croatia: New Laws on HRT, page 19

Serbia / Montenegro

New Serbian Information Law, page 22

Montenegro's Reaction to New Serbian Media Law, page 29

Other Media News, page 30

Analysis of the Azerbaijani "Laws on Mass …

From Pirate King To Jungle King: Transformation Of Taiwan's Intellectual Property Protection, Andy Y. Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

One Trip To The Dentist Is Enough: Reasons To Strengthen Intellectual Property Rights Through The Free Trade Area Of The Americas, Owen Lippert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.

Owning The Law: Intellectual Property Rights In Primary Law, Deborah Tussey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Challenging Defamatory Opinions As An Alternative To Media Self-Regulation, James F. Ponsoldt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

An Economic Analysis Of Property Rights In Information: Justifications And Problems Of Exclusive Rights, Incentives To Generate Information, And The Alternative Of A Government-Run Reward System, Steve P. Calandrillo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Illuminating The Law Of Copyright: Holographic Data Storage Takes Intellectual Property To A New Dimension, Patti Burshtyn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Issue 48-49 - September 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Reorganization of VGTRK, page 1

Crackdown on Piracy, page 9

Other Media News, page 10

Chechnya, page 13

Estonia, page 15

Kazakhstan, page 16

Tajikistan, page 16

Ukraine, page 16

Uzbekistan, page 16

Bulgaria, page 17

Hungary, page 19

Slovakia

TV Markiza, page 19

Slovak TV's Closure of Hungarian Service, page 21

Other Media News, page 22

Yugoslavia and Former Yugoslavia

Bosnia-Herzegovina

Suspension and Relocation of SRNA, page 23

Croatian TV, page 24

Other Media News, page 30

Serbia, 32

Decree on payment for use of radio frequencies, page 33

Structural Reconstruction of …

Art And Ideology In The Third Reich: The Protection Of Cultural Property And The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Fictional Persona Test: Copyright Preemption In Human Audiovisual Characters, Peter K. Yu

Faculty Scholarship

Whether a producer's copyright in human audiovisual characters preempts the actors' rights of publicity claims is the focus of this Note. Part I outlines the framework of state right of publicity law and traces the development of case law involving such a right. Because "[a]dvertisers who want to run a particular advertisement nationally must comply with the law of all fifty states," this Note focuses on the right of publicity of the state with the broadest interpretation-the state of California. This Part shows that, under existing California right of publicity law, virtually anything evoking one's personal identity, including copyrighted materials, …

Profits In Cyberspace: Should Newspaper And Magazine Publishers Pay Freelance Writers For Digital Content?, Rod Dixon Esq.

Michigan Telecommunications & Technology Law Review

It is remarkable how fast recent trends have driven an increasing number of publishers of magazines, newspapers, and other similar works to port the print version of their works to digital and electronic format in the form of online computer databases and multimedia CDROM technologies. Online computer databases and CD-ROM media can be exceptionally profitable ventures for publishers who convert a preexisting print work into a digital product. However, publishers' profits from digital media may be impaired if there is a question as to whether the publisher has satisfactorily secured the copyright to the material making up the digital media. …

New Direction For Team Ownership? The Memphis Redbirds Baseball Foundation, Lloyd Hitoshi Mayer, Craig A. Sharon

Journal Articles

Consider every loyal sports fan’s worst nightmare. Your community invests millions of dollars to keep a professional sports team in town. Your local city and county governments not only provide various tax exemptions and subsidies, but they also build, expand, and maintain the team's stadium. But one day the voters balk at paying for a particularly expensive improvement. The team's owners are soon heard complaining that the community is not supporting the team. Rumors that the team will be sold or moved begin to circulate. Then the team calls a press conference to announce that it will be moving to …

Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Just Click Here: Article 2b’S Failure To Guarantee Adequate Manifestation Of Assent In Click-Wrap Contracts, Zachary M. Harrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Feist Applied: Imagination Protects, But Perspiration Persists—The Bases Of Copyright Protection For Factual Compilations, Denise R. Polivy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Left To One’S Devices: Congress Limits Patents On Medical Procedures, Brett G. Alten

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Determining A Proper Test For Inherent Distinctiveness In Trade Dress, Michele A. Shpetner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Privacy On-Line: Washington Report, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

Over the last year there have been significant developments marking the emergence of a framework for national and international policy relating to privacy on the Internet and World Wide Web. This Article details recent cyberpolicy activities in Washington, including the Clinton Administration's 1997 White Paper, which outlines the Administration's strategy for fostering business and consumer confidence in global electronic commerce. This Article also discusses recent Federal Trade Commission guidelines for regulation and developments relating to privacy on-line in the European Union. This Article summarizes proposed legislation in the areas of both encryption and privacy.

Should Congress Regulate Cyberspace, Greg Y. Sato

UC Law SF Communications and Entertainment Journal

The Internet has undergone an amazing transformation in recent years. It has evolved from being a medium used exclusively by "techies" to one of general public consumption and utility. Because of this increased interest in and use of the Internet, cyberspace is quickly becoming an important forum for communication and commerce.

This Note discusses the history of the Internet, what makes it unique, and the current state of the law relating to cyberspace. This Note also examines the issue of whether congressional regulation of the Internet is needed. The author suggests that some intervention by Congress is needed because current …

Setting The Standard: Problems Presented To Patent Holders Participating In The Creation Of Industry Uniformity Standards, David M. Schneck

UC Law SF Communications and Entertainment Journal

This Note examines the problems that arise when the owner of proprietary rights participate in the setting of open industry uniformity standards. These open standards typically include patented technology, sometimes due to the participation of the patent owners in developing the industry standard. Often, standards development committees require disclosure of patents held by participants. After widespread adoption of the standard occurs, the patent owners then face the dilemma of either abandoning some part of their patents or attempting to enforce their patents in courts inclined to hold them estopped. This Note discusses recent developments in this area, including judicial hostility …

Jazzing Up The Copyright Act - Resolving The Uncertainties Of The United States Anti-Bootleggin Law, Susan M. Deas

UC Law SF Communications and Entertainment Journal

With the addition of Section 1101 to United States copyright law, the United States Congress did more than just attempt to bring United States law into compliance with its obligations under TRIPs. By allowing live musical performers to seek remedies against anyone who, without performers' consent, commits Section 1101 subject acts, such as fixation of the sounds or sounds and images of the performers' live musical performance, Congress granted a type of protection of well-nigh constitutional significance. That is, Congress granted protection to unfixed material-an enactment that departs from the traditional interpretation of the Copyright Clause power as permitting congressional …

Licensed To Kill: The Battle Between Patent And Antitrust In Monopoly Leveraging Cases, David A. Schnider

UC Law SF Communications and Entertainment Journal

This note puts a new spin on a longstanding subject of scholarship and controversy in the law: the conflict between the patent and antitrust laws in the United States. The author examines this conflict in the context of monopoly leveraging cases. Since patents are a unique and powerful tool that companies use to gain advantage in the marketplace, they seem to allow the owner to engage in behavior which amounts to monopoly leveraging. However, such conduct is prohibited under the antitrust laws, specifically by Section 2 of the Sherman Act. If a patent exists to give its owner certain commercial …