Internet Law Commons^™

Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine

West Virginia Law Review

No abstract provided.

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

Law Faculty Scholarly Articles

The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …

Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Vertical Integration And Self-Dealing In The Television Industry: Should Profit Participants Be Owed A Fiduciary Duty?, Marc Simon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Time To Say Good-Bye To Madonna's American Pie: Why Mechanical Compulsory Licensing Should Be Put To Rest, Theresa M. Bevilacqua

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Pushing The Limits Of Copyright Law And Upping The Ante In The Digital World: The Strange Case Of A&M Records, Inc. V. Napster, Inc., Shawn D. Chapman

Kentucky Law Journal

No abstract provided.

Who Said Nothing In This World Is Free? A&M Records, Inc. V. Napster, Inc.: Problems Presented, Solutions Explored, And Answers Posed, Ryan C. Edwards

Kentucky Law Journal

No abstract provided.

The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter

UIC John Marshall Journal of Information Technology & Privacy Law

The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.

Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky

UIC John Marshall Journal of Information Technology & Privacy Law

This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …

Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Tort Cases?, Rodney A. Smolla

Law Faculty Publications

Imagine that you are a newly-installed justice of a state supreme court. An array of cases come before you in your first term posing, in a variety of contexts, questions concerning the extent to which tort liability may be imposed to compensate victims for injuries or death allegedly caused by presentation of violent material in the media. Here are the cases:

I. The manufacturers of a violent video game are sued for wrongful death by the families of victims of school children murdered in a killing spree at a high school. The plaintiffs allege that the teen-aged boy who committed …

Internet Gambling: Is It Worth The Risk, James R. Hobbs

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Internet Gambling Policy: Prohibition Versus Regulation, Theresa E. Loscalzo

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Gambling And The Law: The Future Of Internet Gambling, I. Nelson Rose

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Web Word War (Www): A New Approach To Trademark Infringement And Unfair Competition Claims Under The Lanham Act In Brookfield Communications, Inc. V. West Coast Entertainment Corp., Melissa M. Mcgann

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Riaa V. Diamond Multimedia Systems: The Recording Industry Attempts To Slow The Mp3 Revolution, Taking Aim At The Jogger Friendly Diamond Rio, Stephen W. Webb

Richmond Journal of Law & Technology

The music industry may never be the same again. In recent years, the recording industry has faced an onslaught of advances resulting from digital technology. The record industry has battled the manufacturing and import industries over digital home recording since the 1980's. Digital technology initially manifested itself with the compact disc ("CD") and the digital audio tape ("DAT") in the early 1980's and generated greater tensions between the recording, electronics, and computer industries.

Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton

Richmond Journal of Law & Technology

After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …

Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink

UIC Law Review

No abstract provided.

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. …

Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Tracking Stolen Artworks On The Internet: A New Standard For Due Diligence, 16 J. Marshall J. Computer & Info. L. 937 (1998), Laura Mcfarland-Taylor

UIC John Marshall Journal of Information Technology & Privacy Law

This comment proposes adopting an internationally recognized standard of due diligence in reporting lost or stolen artworks utilizing the Internet. To insure that the proposed standard of due diligence is acceptable internationally, this Comment proposes the creation of a readily accessible database in which the theft of artworks is tracked utilizing the Internet. First this Comment briefly discusses the history of stolen artworks. Second, this Comment discusses the various legal standards the courts use in analyzing stolen art cases: statute of limitations, due diligence and adverse possession. To analyze the standards now used, four cases are discussed: O'Keeffe v. Snyder, …

Establishing The Boundaries Of First Amendment Protection For Speech In The Cyberspace Frontier: Reno V. Aclu, Michael J. Merchant

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Commercial Speech On The Internet: Spain And The First Amendment, Joshua A. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Aspiring To Pluralism: The Constraints Of Public Broadcasting Values On The De-Regulation Of British Media Ownership, Thomas Gibbons

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A British Perspective On Structuring The Indian Broadcasting Regulatory Authority, Tony Prosser

Cardozo Journal of International and Comparative Law

The article examines the structure and operation of the UK's Independent Television Commission (ITC) as a model for the Indian Broadcasting Regulatory Authority. It argues that while the ITC has improved regulatory practices through greater transparency and accountability, its experience highlights key challenges, such as balancing public interest concerns with market forces, managing media concentration, and ensuring fair licensing procedures. The article concludes that the establishment of an independent regulatory authority is crucial but warns against replicating the UK's approach without considering its shortcomings.

Expanding The Doctrines Of Vicarious And Contributory Copyright Infringement: Fonovisa, Inc. V. Cherry Auction, Inc. Targets The Primary Distribution Channels For Counterfeit Merchandise, Angela R. Dean

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

An Alternative To Government Regulation And Censorship: Content Advisory Systems For The Internet, C. Dianne Martin, Joseph M. Reagle

Cardozo Arts & Entertainment Law Journal

The explosive growth of online services and access in the United States and other technologically sophisticated nations has resulted in a huge increase of on-line users below the age of eighteen. With this increase, there has been an accompanying surge in the availability of adult oriented content and services. Consequently, a plethora of government policies and industry strategies have emerged that attempt to shield the public, and in particular children, from exposure to content deemed inappropriate.

Due to the competing interests between government control and regulation of content on the one hand, and individual privacy, autonomy, and free speech on …

Licensing Issues On The Internet, Steven Masur, Neil J. Friedman, Judith M. Saffer

Touro Law Review

No abstract provided.

Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika

Touro Law Review

No abstract provided.