Entertainment, Arts, and Sports Law Commons^™

The Triumph Of Three Big Ideas In Fair Use Jurisprudence, Michael W. Carroll, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

In two recent cases, Google LLC v. Oracle America, Inc. (“Google v. Oracle”), and Andy Warhol Foundation for the Visual Arts v. Goldsmith (“Warhol”), the Supreme Court ratified its 1994 holding that transformative use is the appropriate analytical framework for applying copyright law’s fair use provision. In doing so, the Court withstood significant pressure from industry participants in these cases to change course. This Article argues that the Court’s decisions, which represent one third of the Court’s total merits decisions on fair use, are historic. The principal contribution this Article makes is to demonstrate to courts and parties in future …

The Great Gatsby, The Black Sox, High Finance, And American Law, Allen Boyer

Michigan Law Review

The Great Gatsby, by F. Scott Fitzgerald, is the great novel of America in the 1920s. It is about someone pursuing a girl, and, more than that, it is about someone pursuing a dream. Jay Gatsby is someone who believes in the American dream of success. His life plays out the most famous piece of repartee between Fitzgerald and Hemingway - that the rich are very different from you and me, because they have more money. Gatsby is a man who thought that if he had the money, he would be rich, and could therefore be different.

After reading …

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Typhoid Mario: Video Game Piracy As Viral Vector And National Security Threat, Andrew V. Moshirnia

Indiana Law Journal

Current academic and policy discussions regarding video game piracy focus on the economic losses inherent to copyright infringement. Unfortunately, this approach neglects the most significant implication of video game piracy: malware distribution. Copyright-motivated efforts to shut down file-sharing sites do little to reduce piracy and actually increase viral malware infection. Pirated video games are an ideal delivery device for malware, as users routinely launch unverified programs and forego virus detection. The illicit nature of the transaction forces users to rely almost entirely on the reputation of websites, uploaders, and other users to determine if a file is safe to download. …

Intellectual Property Harms: A Paradigm For The Twenty-First Century, Jessica Silbey

Faculty Scholarship

This short essay is part of a larger book project that investigates how contemporary intellectual property debates, especially in the digital age, are taking place over less familiar terrain: fundamental rights and values. Its argument draws from the diverse, personal accounts of interviews from everyday creators and innovators and focuses on descriptions of harms and, as some say “abuses,” they suffer within their practicing communities. The harms are not described are the usual harms that intellectual property law is understood to prevent. Typically, intellectual property injuries are conceived in individual terms and as economic injuries. An infringer is a thief. …

Fairness, Copyright, And Video Games: Hate The Game, Not The Player, Shani Shisha

Fordham Intellectual Property, Media and Entertainment Law Journal

Creative communities often rely on social norms to regulate the production of creative content. Yet while an emerging body of literature has focused on isolated accounts of social norms operating in discrete, small-scale creative industries, no research to date has explored the social norms that pervade the world’s largest content microcosm—the sprawling video game community.

Now a veritable global phenomenon, the video game industry has recently grown to eclipse the music and motion picture industries. But despite its meteoric rise, the video game industry has provoked little attention from copyright scholars. This Article is the first to explore the shifting …

Issues In Antitrust, The Ncaa, And Sports Management, Richard J. Hunter Jr., Ann M. Mayo

Marquette Sports Law Review

No abstract provided.

What Is Sports Law?, Timothy Davis

Marquette Sports Law Review

No abstract provided.

The Legal Liabilities Of Twitch, Amazon’S Livestreaming Subsidiary, Jean Fang

The Journal of Business, Entrepreneurship & the Law

Amazon’s Twitch is the leader of the video game streaming market, controlling 76% of this market in the Americas and Europe. The video gaming market is rapidly expanding, exceeding its entertainment counterparts, including music and film, by wide margins in profits; experts valued the global gaming market at $229.39 billion in 2022 and expect it to grow to $401.32 billion by 2027. Amazon paid $1 billion to acquire Twitch in 2014 in a business move to capture the views of the gaming audience; on Twitch, popular streamers broadcast themselves playing video games to thousands of devoted fans. Based on recent …