Comment: Ray V. Espn, Inc. And The Need For Further Development In Copyright Preemption Analysis Of The Right Of Publicity In Professional Sports,
2017
Loyola Marymount University and Loyola Law School
Comment: Ray V. Espn, Inc. And The Need For Further Development In Copyright Preemption Analysis Of The Right Of Publicity In Professional Sports, Thomas Hwang
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Equitable Resale Royalties,
2017
University of Kentucky College of Law
Equitable Resale Royalties, Brian L. Frye
Law Faculty Scholarly Articles
A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held …
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth,
2017
West Virginia University College of Law
Groomed For Exploitation! How Applying The Statutory Definition Of Employee To Cover Division Ia College Football Players Disrupts The Student-Athlete Myth, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Comment: United States V. Nosal Ii,
2017
Loyola Marymount University and Loyola Law School
Comment: United States V. Nosal Ii, Futoshi Dean Takatsuki
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Stop The 'Nazzi': Why The United States Needs A Full Ban On Paparazzi Photographs Of Children Of Celebrities,
2017
Loyola Marymount University and Loyola Law School
Stop The 'Nazzi': Why The United States Needs A Full Ban On Paparazzi Photographs Of Children Of Celebrities, Dayna Berkowitz
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
A Square Peg In A Round Hole: The Current State Of The Video Privacy Protection Act For Videos On The Internet And The Need For Updated Legislation,
2017
Loyola Marymount University and Loyola Law School
A Square Peg In A Round Hole: The Current State Of The Video Privacy Protection Act For Videos On The Internet And The Need For Updated Legislation, Schooner Sonntag
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Objects Of Art; Objects Of Property,
2017
Cornell University Law School
Objects Of Art; Objects Of Property, Gregory S. Alexander
Cornell Law Faculty Publications
Seemingly worlds apart, art and the law of property in fact share much in common. Some of this shared space is obvious, the result of their intersection through property law's protection and regulation of art. But another aspect of their commonality is considerably less obvious. Both rely, implicitly and in ways not always acknowledged, on assumptions about objects in the world-thing-ness. That is, both have relied, or traditionally have done so, on certain assumptions about the nature of objects-the objects of art and the objects of property-and the upshot of those assumptions is that those objects are characterized by thing-ness, …
What's The [Irreparable] Harm?: Incentivizing Creativity Through Preliminary Injunctions In Copyright Law,
2017
Benjamin N. Cardozo School of Law
What's The [Irreparable] Harm?: Incentivizing Creativity Through Preliminary Injunctions In Copyright Law, Arielle Matza
Cardozo Law Review
No abstract provided.
Daily Fantasy Sports Go “All In”: The Demise Of American Morals?,
2017
Notre Dame Law School
Daily Fantasy Sports Go “All In”: The Demise Of American Morals?, James Schwabe
Notre Dame Journal of International & Comparative Law
The future of Daily Fantasy Sports throughout the United States remains uncertain. Although there have been numerous attempts to double down on the spread of gambling, the growing attraction to gamble has not been suppressed. With the recent proposed legislation and litigation over the legality of Daily Fantasy Sports, a new debate has emerged that implicates America’s desire to protect its “public morals.” Part I of this Note will discuss the intricacies of Daily Fantasy Sports and the allegations against FanDuel and DraftKings as of February 2016. Part II will analyze the current legal framework surrounding global internet gambling and …
Show Me The Money: A Discussion On The Business Of Sports Agency,
2017
Washington Wizards
Show Me The Money: A Discussion On The Business Of Sports Agency, N. Jeremi Duru, Ed Tapscott, Josh Kusnick, Billy Walker
Presentations
Ed Tapscott; Josh Kusnick; David Reid; Dr. Billy Walker
Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action,
2017
University of Michigan Law School
Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves
University of Michigan Journal of Law Reform
As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But when these cases do …
2017 Exchanged Figures Chart,
2017
Notre Dame Law School
2017 Exchanged Figures Chart, Edmund P. Edmonds
Annual Exchanged Figures Charts
No abstract provided.
Duke Law
What's In A Name: Cable Systems, Filmon, And Judicial Consideration Of The Applicability Of The Copyright Act's Compulsory License To Online Broadcasters Of Cable Content, Kathryn M. Boyd
Duke Law & Technology Review
The way we consume media today is vastly different from the way media was consumed in 1976, when the Copyright Act created the compulsory license for cable systems. The compulsory license allowed cable systems, as defined by the Copyright Act, to pay a set fee for the right to air television programming rather than working out individual deals with each group that owned the copyright in the programming, and helped make television more widely accessible to the viewing public. FilmOn, a company that uses a mini-antenna system to capture and retransmit broadcast network signals, is now seeking access to the …
Major League Soccer As A Case Study In Complexity Theory,
2017
UCLA School of Law
Major League Soccer As A Case Study In Complexity Theory, Steven A. Bank
Florida State University Law Review
Major League Soccer has long been criticized for its “Byzantine” roster rules and regulations, rivaled only by the Internal Revenue Code in its complexity. Is this criticism fair? By delving into complexity theory and the unique nature of the league, this Article argues that the traditional complaints may not apply in the context of the league’s roster rules. Effectively, critics are applying the standard used to evaluate the legal complexity found in rules such as statutes and regulations when the standard used to evaluate contractual complexity is more appropriate. Major League Soccer’s system of roster rules is the product of …
Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017),
2017
UIC School of Law
Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja
UIC Review of Intellectual Property Law
This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled by contract …
Major League Baseball Players, Big Data, And The Right To Know: The Duty Of Major League Baseball Teams To Disclose Health Modeling Analysis To Their Players,
2017
Marquette University Law School
Major League Baseball Players, Big Data, And The Right To Know: The Duty Of Major League Baseball Teams To Disclose Health Modeling Analysis To Their Players, Michael Hattery
Marquette Sports Law Review
None
If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017),
2017
UIC School of Law
If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017), Elise Ruff
UIC Review of Intellectual Property Law
Fashion design is a revolutionary walking art form, becoming increasingly accessible to consumers. The increase in accessibility is, in part, due to the presence of technology and social media platforms. While this allows the consumer to have access to a designer’s goods at unprecedented levels, this has led to an increase in claims of copyright infringement against large fashion corporations. This comment discusses how local-based fashion designers have lodged complaints against large fashion corporations of stealing their designs. Additionally, this comment discusses a recent United States Supreme Court case Star Athletica, L.L.C., v. Varsity Brands, Inc., and the implications of …
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming,
2017
Marquette University Law School
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …
Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness,
2017
Marquette University Law School
Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich
Marquette Intellectual Property Law Review
Under the fair use doctrine, use of a copyrighted work is not an infringement on a copyright if, after consideration of four factors, a court considers the use to be fair. The four factors courts are required to consider are: (1) “the purpose and character of the use;” (2) “the nature of the copyrighted work;” (3) “the amount and substantiality of the portion used in relation to the copyrighted work as a whole;” and (4) the effect the use has on “the potential market for or value of the original copyrighted work.” A circuit split exists between the Second and …
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court,
2017
Marquette University Law School
Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher
Marquette Intellectual Property Law Review
This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by interpreting the appropriate …
