Legal And Economic Challenges To The Business Model Of The Television Industry,
2014
UC Law SF
Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel
UC Law SF Communications and Entertainment Journal
Gaining access to content is critically important for entrance into the television industry; this is a necessary input to become a viable competitor against incumbent video industry players. However, incumbents have the ability and incentive to withhold programming that discourages potential competitors from entering the market. Entrants, built up over a long period of time, confront a symbiotic relationship between traditional content providers and incumbent content distributors. Access to video programming or access in the format (i.e., online) that a viewer chooses is in high demand. This demand is evident by an increasing number of legal, technological, economic, and political …
Authorship Atomized: Modeling Ownership In Participatory Media Productions,
2014
UC Law SF
Authorship Atomized: Modeling Ownership In Participatory Media Productions, Elisabeth S. Aultman
UC Law SF Communications and Entertainment Journal
The aim of this article is to posit a solution, grounded in legal realism, for the practical issues that arise when copyright law and content monetizers encounter a work (or perhaps more accurately, a series of interdependent works) with an unprecedented number of people who could ostensibly assert authorship over some element of the content.
Common Sense And Key Questions,
2014
Duke Law School
Common Sense And Key Questions, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Regulating The Unregulable: Finding The Proper Scope For Legislation To Combat Copyright Infringement On The Internet,
2014
UC Law SF
Regulating The Unregulable: Finding The Proper Scope For Legislation To Combat Copyright Infringement On The Internet, Melis Atalay
UC Law SF Communications and Entertainment Journal
This note seeks to critically evaluate the current trend of copyright legislation, and use the response for legislation to hypothesize what sort copyright legislation for the Internet may be successful in the future. The SOPA/PIPA legacy provides evidence for today's legislature that broad reforms will not work. Indeed the reigning in seen in OPEN was a reflection of SOPA/PIPA progeny being responsive to public outcry over SOPA/PIPA. I conclude that OPEN would have been an appropriate balance of constriction and Internet availability. If passed, OPEN would have been a step in the right direction to combat the illegal access and …
Celebrity Politicians And Publicity Rights In The Age Of Obama,
2014
UC Law SF
Celebrity Politicians And Publicity Rights In The Age Of Obama, Michael G. Bennett
UC Law SF Communications and Entertainment Journal
The right of publicity is a relatively marginalized yet increasingly radical form of intellectual property. Typically, celebrities use it to prevent freeloaders from profiting on their fame by making unauthorized use of their image, likeness or signature to make goods or services more attractive to consumers. The right of publicity allows famous individuals to stop this type of behavior by providing a property right in identity or persona. Brandished by celebrities who are also political figures, though, the doctrine can become a powerful means of chilling political speech, and therefore a direct threat to First Amendment free speech rights. The …
Bag Men And The Ghost Of Richard Jewell: Some Legal And Ethical Lessons About Implied Defamation, Headlines, And Reporting On Breaking Criminal Activity From Barhoum V. Nyp Holdings, Clay Calvert, Daniel Axelrod, Sarah Papadelias, Linda Riedemann
UC Law SF Communications and Entertainment Journal
This article analyzes and explores the complex issues of libel by implication and defamatory meaning raised in the ongoing libel suit of Barhoum v. NYP Holdings. The case pivots on the New York Post's "BAG MEN" cover that ran on April 18, 2013, and featured a large photo of two men cleared of wrongdoing in connection with the Boston Marathon bombing. This article, which compares and contrasts Barhoum to decisions such as Kaelin v. Globe Communications Corp. and Stanton v. Metro Corp., also examines the possible impact of the New York Post's tiny front-page disclaimer. Furthermore, this article considers how …
Rethinking Online Privacy Litigation As Google Expands Use Of Tracking: Giving Meaning To Our Online Browsing And The Federal Wiretap Act,
2014
UC Law SF
Rethinking Online Privacy Litigation As Google Expands Use Of Tracking: Giving Meaning To Our Online Browsing And The Federal Wiretap Act, Filip Babic
UC Law SF Communications and Entertainment Journal
This note will argue that Google's new privacy policies violate the Wiretap Act as amended by the Electronic Communication Privacy Act. The Wiretap Act provides a cause of action against anyone who "intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication." The Wiretap Act, originally drafted to prevent eavesdropping on telephone conversations, requires interception of the contents of communication and not merely the circumstances surrounding the communication. As Google's practices have made it easier for users to characterize their searches as the "contents of communication," the Wiretap …
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment,
2014
University of Maryland Francis King Carey School of Law
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees,
2014
University of Maryland Francis King Carey School of Law
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Aerevolution: Why We Should, Briefly, Embrace Unlicensed Online Streaming Of Retransmitted Broadcast Television Content, 13 J. Marshall Rev. Intell. Prop. L. 577 (2014),
2014
UIC School of Law
Aerevolution: Why We Should, Briefly, Embrace Unlicensed Online Streaming Of Retransmitted Broadcast Television Content, 13 J. Marshall Rev. Intell. Prop. L. 577 (2014), Bradley Ryba
UIC Review of Intellectual Property Law
The United States has long recognized broadcast television programming’s importance to the public’s information and entertainment needs. Accordingly, Congress has historically offered strong copyright protections for broadcast television networks. Those strong protections allowed broadcast networks to withstand business threats from innovations like cable television and VCRs. However, Congress’ recent silence on DVRs and cloud computing technology has allowed an entrepreneur to create the networks’ next biggest threat, Aereo. The creators of Aereo and similar businesses designed their services specifically around ambiguities within copyright law that could allow them to transmit networks’ content without paying the otherwise necessary consent fees. These …
Panel Iii: The Future Of The Press And Privacy,
2014
Brooklyn Law School
Panel Iii: The Future Of The Press And Privacy, Amy Gajda, Clay Calvert, Tom Bivins, Amy Sanders, Stephen Ward
Faculty Scholarship
No abstract provided.
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments,
2014
University of Illinois at Urbana-Champaign
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Indiana Law Journal
No abstract provided.
Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?,
2014
Indiana University Maurer School of Law
Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals,
2014
University of Maryland Francis King Carey School of Law
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen
Journal of Business & Technology Law
No abstract provided.
Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission,
2014
University of Colorado Law School
Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal
Publications
This Article examines the puzzle of whether today's Federal Communications Commission ("FCC" or the "Agency") is institutionally suited to craft telecommunications innovation policy and, if not, what changes are needed to better equip the Agency to respond to twenty-first century realities. Evaluation of FCC innovation policy performance is stubbornly difficult. Some criticize the FCC as a brake on innovation yet, under the FCC's oversight, the United States' communications industry has become an innovative engine propelling the overall economy more than ever before. It is difficult to untangle whether the FCC deserves credit for helping usher in today's communications age, whether …
Trading Rabbit Ears For Wi-Fi: Aereo, The Public Performance Right, And How Broadcasters Want To Control The Business Of Internet Tv,
2014
Vanderbilt University Law School
Trading Rabbit Ears For Wi-Fi: Aereo, The Public Performance Right, And How Broadcasters Want To Control The Business Of Internet Tv, Jacob Marshall
Vanderbilt Journal of Entertainment & Technology Law
Aereo, a start-up company that allows consumers to stream free, over-the-air broadcasts to their phones and computers, seems rather innocuous. Yet the major broadcasting networks have attempted to shut Aereo down since its inception, claiming that Aereo infringes on their copyright. Aereo claims that its unique technology--where each user is assigned their own, individual antenna--ensures that Aereo does not infringe on the broadcasters' public performance rights. The United States Supreme Court has granted certiorari on the matter. The broadcasters are approaching the case as an existential battle, claiming that Aereo threatens retransmission fees, licensing fees broadcasters collect from cable companies. …
Aereo And Cablevision: How Courts Are Struggling To Harmonize The Public Performance Right With Online Retransmission Of Broadcast Television,
2014
University of Washington School of Law
Aereo And Cablevision: How Courts Are Struggling To Harmonize The Public Performance Right With Online Retransmission Of Broadcast Television, Sam Méndez
Washington Journal of Law, Technology & Arts
Americans increasingly turn to the computer instead of the television to gain access to their favorite shows. With this in mind, Aereo allows its subscribers to stream broadcast television content to their computers, but does not compensate the broadcasters for these retransmissions. The broadcasters argue this violates their public performance right under the Copyright Act’s Transmit Clause, but because of Aereo’s curious technology platform, in which thousands of tiny antennas are each assigned to a unique subscriber, infringement is uncertain. The Supreme Court will soon hear American Broadcasting Companies, Inc. v. Aereo, Inc., arising out of the Second Circuit, …
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution,
2014
Benjamin N. Cardozo School of Law
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
Cardozo Journal of Conflict Resolution
This Note examines how arbitration and mediation can be injected into the online copyright debate to better serve the interests of all parties. First, this Note addresses past litigation models to compare the benefits and costs of using the courts to resolve piracy issues. The history of litigation against mass peer-to-peer file sharers and individual downloaders is an important aspect to this story. Next, this Note describes the current state of copyright laws and how SOPA and PIPA would alter copyright protection against foreign piracy. Copyright holders, predominately represented by the Recording Industry Association of America, and content hosts, such …
We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes,
2014
Benjamin N. Cardozo School of Law
We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes, Kori Clanton
Cardozo Journal of Conflict Resolution
This Note focuses on how online dispute resolution ("ODR") processes, as opposed to litigation, offer a more efficient and effective legal solution to resolving online impersonation disputes. The purpose of this Note is to analyze the measures state legislatures and social media websites have implemented to combat online impersonation cases, and to propose a practical ODR solution that will eliminate the burdens of litigation and provide a cost-efficient and time-effective remedy. Section I provides an introduction to the current relevance and rising incidents of online impersonation via social media websites such as Facebook and Twitter. Section II explores the historical …
Hanging Up Too Early: Remedies To Reduce Robocalls,
2014
Case Western Reserve University School of Law
Hanging Up Too Early: Remedies To Reduce Robocalls, Maria G. Hibbard
Journal of Law, Technology, & the Internet
No abstract provided.
