Science and Technology Law Commons^™

Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The "Hot News" Misappropriation Doctrine, The Crumbling Newspaper Industry, And Fair Use As Friend And Foe: What Is Necessary To Preserve "Hot News"?, Jeena Moon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem

UIC John Marshall Journal of Information Technology & Privacy Law

The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …

Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones

UIC Law Review

No abstract provided.

Music Markets And Mythologies, 9 J. Marshall Rev. Intell. Prop. L. 831 (2010), Henry H. Perritt, Jr.

UIC Review of Intellectual Property Law

New technologies have started a revolution in the music marketplace. As new business models emerge, major firms in the popular music industry have mounted a campaign on the premise that the world of popular music faces a grave threat from illicit filing sharing. This article makes the case against that campaign. It discusses how new technologies are currently reshaping the marketplace to allow a wider range of new artists, as well as more direct access between musicians and their fans. It also predicts how future demand for popular music will increase due to portability, and ultimately recommends directions for marketplace …

Patchwork Protection: Copyright Law And Quilted Art, 9 J. Marshall Rev. Intell. Prop. L. 855 (2010), Maureen Collins

UIC Review of Intellectual Property Law

Historically, quilts have been denied the same copyright protection available to any other expression in a fixed medium. When quilts have been considered protectable, the protectable elements in a pattern have been limited, or the application of the substantial similarity test has varied widely. One possible explanation for this unequal treatment is that quilting is viewed as ‘women’s work.’ Another is that quilts are primarily functional. However, quilts have evolved over time and may now be expensive collectible pieces of art; art that deserves copyright protection. This article traces the history of quilt making, addresses the varying standards of protection …

No More Rockin' In The Free World: Removing The Radio Broadcast Exemption, 9 J. Marshall Rev. Intell. Prop. L. 935 (2010), Brandon H. Nemec

UIC Review of Intellectual Property Law

In an era of boundless technological advancement, the music industry faces its most turbulent economic landscape to date. The sustainability of the industry relies on the emergence of an innovative strategy to adapt music’s business model and continue to incentivize the creation and performance of brilliant music. A modernized industry model necessitates a reorganization of the copyright protections ultimately designed to motivate exceptional musicians. The following comment proposes a shift in one of music’s traditional revenue streams, and examines the controversial public performance exemption provided to broadcast radio. While debate has circulated around the public performance exemption for decades, the …

Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Practical Framework For Preventing "Mistrial By Twitter", Ebony Nicolas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor, Liliana Chang

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Almost Famous: Preventing Username-Squatting On Social Networking Websites, Zorik Pesochinsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc., Marta Baffy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, 9 J. Marshall Rev. Intell. Prop. L. 1 (2009), William Henslee

UIC Review of Intellectual Property Law

The Recording Industry Association of America (―RIAA) has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its ―making available‖ theory, or anyone who offers to distribute copyrighted music without the owner‘s consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is ―made available‖ or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …

Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg

UIC Review of Intellectual Property Law

Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.

A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Transformation Of Originality In The Progressive-Era Debate Over Copyright In News, Robert Brauneis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Uneasy Lies The Head That Wears The Crown: Why Content's Kingdom Is Slipping Away, Jonathan Handel

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the ongoing power struggle between the content industries (with a particular focus on Hollywood) and the technology industry. These two sectors are intertwined like never before, yet their fates seem wildly divergent, with content stumbling while distribution technology thrives.

The Article begins by illustrating that, even before the recession took hold, traditional paid content was in trouble, and that this was and is true across a range of distribution platforms and content types, including theatrical motion pictures, home video, network television, music, newspapers, books, and magazines. The Article next posits six reasons for content's discontent: supply and …

The Future Of Licensing Music Online: The Role Of Collective Rights Organizations And The Effect Of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008), Neil Conley

UIC John Marshall Journal of Information Technology & Privacy Law

The current licensing regime practiced by collective rights organizations (“CROs”) is preventing rights holders from being able to reap the financial benefits that the Internet and digital transmissions of music can provide. The problem is that CROs license online music on a restrictive, national basis where the online transmission of music is worldwide, unrestricted by national boundaries. This territorially restrictive licensing system began in the nineteenth century and was practical for geographically limited methods by which music was played and transmitted. However, licenses to transmit music online or in the digital environment in general are restricted on a national basis …

Copyright Misuses, Fair Use, And Abuse: How Sports And Media Companies Are Overreaching Their Copyright Protections, 7 J. Marshall Rev. Intell. Prop. L. 621 (2008), Cory Tadlock

UIC Review of Intellectual Property Law

A recent FTC complaint has generated questions about the legality and effects of blanket copyright warnings issued by large sports and media companies. Copyright warnings from the NFL, MLB, and major motion picture studios often assert that no use whatsoever of their materials can be made without express permission, contrary to several provisions of U.S. copyright law. This comment proposes limiting the content and language of such warnings so consumers have a clearer view of what copyright law allows, and are not intimidated into foregoing their rights to use protected works. Exceptions like fair use and the idea-expression dichotomy prevent …

Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick

UIC Review of Intellectual Property Law

On August 5, 2005, the National Collegiate Athletic Association introduced its plan to end the use of Native American mascots, nicknames and imagery. Schools were required to change their offensive nicknames and mascots and were forced to stop using trademarks bearing Native American imagery. The NCAA ban presents the question of whether schools affected by the ban can bring a trademark action against the NCAA. One interpretation of trademark law provides a school with no redress because the NCAA has not created a competing mark. However, the other interpretation of trademark law provides a school with a valid trademark claim …

Privacy From Photography: Is There A Right Not To Be Photographed Under New York State Law?, Ariella Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Section 117 Adaptation Defense And Krause V. Titleserv, Inc.: An Analysis Of The Various Circuits' Approaches, Logan Marc

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Defense Of Patenting Human Gene Sequences Under U.S. Law: Support For The Patenting Of Isolated And Purified Substances, Lauren M. Nowierski

Cardozo Arts & Entertainment Law Journal

No abstract provided.