A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows,
2016
Villanova University Charles Widger School of Law
A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives,
2016
Villanova University Charles Widger School of Law
"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances,
2016
University of Georgia School of Law
Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt
Journal of Intellectual Property Law
No abstract provided.
Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa,
2016
Brigham Young University Law School
Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa, Stephanie Jade Bollinger
Brigham Young University Education and Law Journal
No abstract provided.
The Right-Of-Publicity Challenges For Tattoo Copyrights,
2016
Northern Illinois University College of Law
The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King
Nevada Law Journal
This Article is the third and final piece of a series of articles that examine the applicability of intellectual property law to tattoos. The second article in the series, The Enforcement Challenges for Tattoo Copyrights, concluded that copyright owners can and should enforce their rights against users outside of the tattoo artist-customer relationship. This Article explores a different source of intellectual property protection for tattoos: the right of publicity. As tattooing has become increasingly prevalent among celebrities, tattoos have become “one” with the persona of the tattoo bearer. A tattoo that carries the meaning of a celebrity tattoo bearer serves …
2016 Exchanged Figures Chart,
2016
Notre Dame Law School
2016 Exchanged Figures Chart, Edmund P. Edmonds
Annual Exchanged Figures Charts
No abstract provided.
2016 Arbitration Hearings Chart,
2016
Notre Dame Law School
2016 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
Copy Game For High Score: The First Video Game Lawsuit,
2016
The John Marshall Law School
Copy Game For High Score: The First Video Game Lawsuit, William K. Ford
Journal of Intellectual Property Law
No abstract provided.
Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision,
2016
University of Miami Law School
Confronting Nonconsensual Pornography With Federal Criminalization And A “Notice-And-Takedown” Provision, Dalisi Otero
University of Miami Law Review
The issue of nonconsensual pornography has recently been brought into the limelight because of events like the online postings of celebrities’ intimate photos. Non-celebrities, however, have been victimized in this way since long before the recent hackings, and their lives are also changed in the worst possible way. The harms that result from the unconsented-to distribution of an individual’s intimate photos and videos are severe and oftentimes long-lasting. This Comment suggests that an alternative proposal to help nonconsensual pornography victims regain their reputations, their privacy, and their lives, is to federally criminalize the nonconsensual distribution of a person’s intimate images …
Aereo And Internet Television: A Call To Save The Dukes (A La Carte),
2016
Duke Law
Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel
Duke Law & Technology Review
If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining that Aereo, an Internet content-streaming company, violated the Copyright Act by infringing on the copyrights of television broadcast networks. The Supreme Court ruled that Aereo's Internet streaming services resembled cable television transmissions too closely. Therefore, by streaming copyrighted programming to its subscribers without the cable compulsory license, Aereo violated the Transmit Clause of the 1976 Copyright Act. Subsequently, Aereo used this Supreme Court …
The Pre-1972 Sound Recordings
Landscape: A Need For A Uniform Federal
Copyright Scheme,
2016
UC Law SF
The Pre-1972 Sound Recordings Landscape: A Need For A Uniform Federal Copyright Scheme, P. Dylan Jensen
UC Law SF Communications and Entertainment Journal
Since the rapid expansion of the Internet in the 1990s and through the 2000s, Internet entrepreneurs and technology companies continue to discover new ways to offer music online for free. A large portion of the music offered by these services was created prior to 1972, the year the Sound Recordings Act of 1971 established as the cut-off for federal copyright protection. These pre-1972 sound recordings are covered by a patchwork of state and common law, which varies greatly from state to state. Though some music services have shielded themselves with the safe harbor provision offered to Online Service Providers ("OSPs") …
Will The Federal Communications Commission’S 2015 Open Internet Order
Receive Chevron Deference?,
2016
UC Law SF
Will The Federal Communications Commission’S 2015 Open Internet Order Receive Chevron Deference?, John Meisel
UC Law SF Communications and Entertainment Journal
In 2015, the Federal Communications Commission ("FCC") decided to reclassify broadband Internet service as a telecommunications service subject to Title II regulations contained in the Communications Act. This decision is currently under review by a three person panel of judges for the D.C. Circuit. A key question in the review will be whether the FCC's reclassification decision is eligible for Chevron deference. The answer to this question will likely be based on lessons learned from similar cases dealing with Chevron deference that the Supreme Court has addressed. For instance, the fact that the reclassification decision is likely to be characterized …
There’S No R In Smoking: A Modified
Rating System To Curb Adolescent
Smoking,
2016
UC Law SF
There’S No R In Smoking: A Modified Rating System To Curb Adolescent Smoking, Amanda E. Beckwith
UC Law SF Communications and Entertainment Journal
Smoking is the most common preventable causes of death in the United States and costs society billions of dollars each year. Most smokers become addicted at a young age, but often have no legal remedy from smoke-related injuries. Smoking in movies is a significant factor in the initiation of youth smoking, yet the Motion Picture Association of America ("MPAA") does not factor "smoking" into movie ratings. This note argues that in order to reduce the harmful effects of youth smoking, movies with depictions of cigarettes should be rated R. In order to pressure the MPAA into making this change, potential …
Protecting Journalists From Politically
Motivated Claims Of Espionage Under
International Law,
2016
UC Law SF
Protecting Journalists From Politically Motivated Claims Of Espionage Under International Law, Allison Brinkerhoff
UC Law SF Communications and Entertainment Journal
Currently, there is not a uniform international standard for the protection of journalists against politically motivated claims of espionage, and this void allows governments to cloak politically motivated claims of espionage as a "national security threats." The purpose of this article is to propose amending the International Covenant on Civil and Political Rights ("ICCPR"), to remove the void, by making Article 19 a nonderogated right for journalists who are reporting and participating in political expression.
Web Accessibility For Impaired Users:
Applying Physical Solutions To Digital
Problems,
2016
UC Law SF
Web Accessibility For Impaired Users: Applying Physical Solutions To Digital Problems, Deeva V. Shah
UC Law SF Communications and Entertainment Journal
Title III of the Americans with Disabilities Act ("ADA") aims to prevent discrimination against the disabled in places of public accommodation. Unlike many other anti discrimination statutes, the ADA requires places of public accommodation to take affirmative steps to ensure access for the impaired. Courts currently differ on whether a place of public accommodation requires a physical location or whether nonphysical places, such as a retailer's website, also fall under the statute. Some courts apply the nexus test to determine the whether the ADA applies to online content. Under the nexus test, there must be a connection between a physical …
Uber Television: Internet-Only Television Stations,
2016
Chicago-Kent College of Law
Uber Television: Internet-Only Television Stations, Henry Perritt
All Faculty Scholarship
Broadcast television in the United States is under siege. Viewers are jumping ship, finding their news and entertainment on the Internet. A thicket of intellectual property license restrictions makes it difficult for broadcasters to follow them. Some content producers limit distribution for the acknowledged purpose of slowing the migration to new technologies. The FCC’s Broadcast Incentive Auction provides an opportunity for TV stations to get a fresh start. By abandoning expensive transmitters and antennas, by embracing the Uber ride-sharing model of contingent work, by taking advantage of the creativity of indie video producers, by utilizing the full potential of targeted …
If It’S Broke, Fix It: Fixing Fixation,
2016
University of New Hampshire School of Law
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
Law Faculty Scholarship
The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …
The Depiction Of Trademarked Landmarks In Fictional Films: Protecting Filmmakers From Infringement And Dilution Liability, 15 J. Marshall Rev. Intell. Prop. L. 676 (2016),
2016
UIC School of Law
The Depiction Of Trademarked Landmarks In Fictional Films: Protecting Filmmakers From Infringement And Dilution Liability, 15 J. Marshall Rev. Intell. Prop. L. 676 (2016), Joel Timmer
UIC Review of Intellectual Property Law
Many well-known landmarks, like the Empire State Building, are protected as trademarks. This trademark status may be used by trademark holders to attempt to control or limit the depictions of those landmarks in artistic works like feature films. Using the trademarked Hollywood Sign as an example, this article examines the status of landmarks as trademarks as well as the protections trademark holders have over unauthorized depictions of trademarked landmarks through actions for trademark infringement or trademark dilution. Concluding that trademark dilution is more likely the proper cause of action for the unauthorized depiction of trademarks in films, this article then …
Blurring The Line: An Examination Of Technological Fact-Finding In Music Copyright Law, 16 J. Marshall Rev. Intell. Prop. L. 115 (2016),
2016
UIC School of Law
Blurring The Line: An Examination Of Technological Fact-Finding In Music Copyright Law, 16 J. Marshall Rev. Intell. Prop. L. 115 (2016), Jeremy Aregood
UIC Review of Intellectual Property Law
The result of Williams v. Bridgeport Music, Inc. highlights a major issue in musical plagiarism factfinding. Different circuits employ different tests for fact-finding, however all the tests involve some form of objective criteria that is guided by expert witnesses who perform musical analyses. Because expert witnesses influence their analysis with their own subjective interpretations of the music, and because juries are not fully aware of the distinction between objective and subjective analysis, juries have a distinct possibility of returning a verdict that contradicts the evidence and public policy. New advancements in technology and computation may assist courts in evaluating the …
Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation,
2016
Mitchell Hamline School of Law
Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young
Cybaris®
No abstract provided.
