Table Of Contents,
2016
DePaul University
A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990,
2016
University of Georgia School of Law
A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry
Journal of Intellectual Property Law
No abstract provided.
Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause,
2016
University of Georgia School of Law
Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen
Journal of Intellectual Property Law
No abstract provided.
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away,
2016
University of Georgia School of Law
A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez
Journal of Intellectual Property Law
No abstract provided.
Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies,
2016
DePaul University
Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey
DePaul Journal of Sports Law
No abstract provided.
Fraudduel And Draftkrooks: Chance Or Skill?,
2016
DePaul University
Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos
DePaul Journal of Sports Law
No abstract provided.
Picking Up The Flag? The University Of Missouri Football Team And Whether Intercollegiate Student-Athletes May Be Penalized For Exercising Their First Amendment Rights,
2016
DePaul University
Picking Up The Flag? The University Of Missouri Football Team And Whether Intercollegiate Student-Athletes May Be Penalized For Exercising Their First Amendment Rights, James Hefferan
DePaul Journal of Sports Law
No abstract provided.
Consent In Sports & Recreational Activities: Using Contract Law Terminology To Clarify Tort Principles,
2016
DePaul University
Consent In Sports & Recreational Activities: Using Contract Law Terminology To Clarify Tort Principles, Russ Versteeg
DePaul Journal of Sports Law
No abstract provided.
Table Of Contents,
2016
DePaul University
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning,
2016
University of Georgia School of Law
Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick
Journal of Intellectual Property Law
No abstract provided.
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?,
2016
Burr & Forman LLP
Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog
Journal of Intellectual Property Law
This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?,
2016
University of Georgia School of Law
A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin
Journal of Intellectual Property Law
No abstract provided.
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature,
2016
California Western School of Law
Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim
Journal of Intellectual Property Law
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …
The Price Of Social Norms: Towards A Liability Regime For File-Sharing,
2016
University of Ottawa
The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais
Journal of Intellectual Property Law
The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …
Audience Participation: Crowdfunding Large Scale Theatrical Productions Through Regulation A+,
2016
IIT Chicago-Kent College of Law
Audience Participation: Crowdfunding Large Scale Theatrical Productions Through Regulation A+, Christopher Johnson
Michigan Business & Entrepreneurial Law Review
Theatrical financing has been conducted in much the same way for the better part of a century. This method, however, has consistently provided only the shows with access to the deepest of pockets a path to Broadway. The advent of Internet-based crowdfunding provides producers access to a potential source of capital that was previously unavailable. Prior to the promulgation of the SEC regulations regarding Title IV of the JOBS Act, this capital could only be accessed through donation or reward based financing campaigns, but with the introduction of Regulation A+, there is finally a practical method for the widespread solicitation …
Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders,
2016
Loyola Marymount University and Loyola Law School
Playing Around Hart And Keller's Full-Court Press: Designing A Federal Compulsory Licensing Regime For Rights Of Publicity That Enables Developers And Compensates Rights Holders, Will Bucher
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Art & The “Public Trust” In Municipal Bankruptcy,
2016
University of Kentucky College of Law
Art & The “Public Trust” In Municipal Bankruptcy, Brian L. Frye
Law Faculty Scholarly Articles
In 2013, the City of Detroit filed the largest municipal bankruptcy action in United States history, affecting about $20 billion in municipal debt. Unusually, Detroit owned its municipal art museum, the Detroit Institute of Arts (“DIA”) and all of the works of art in the DIA collection, which were potentially worth billions of dollars. Detroit’s creditors wanted Detroit to sell the DIA art in order to satisfy its debts. Key to the confirmation of Detroit’s plan of adjustment was the DIA settlement, under which Detroit agreed to sell the DIA art to the DIA corporation in exchange for $816 million …
Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims,
2016
Loyola Marymount University and Loyola Law School
Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, Nina I. Brown
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Law Library Blog (October 2016): Legal Beagle's Blog Archive,
2016
Roger Williams University
Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Reskins: The Property Right To Racism,
2016
Texas Tech University School of Law
Reskins: The Property Right To Racism, M. Alexander Pearl
Cardozo Law Review
Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable, Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …
