Mlb Calendar 2015-2016,
2015
University of Notre Dame
Sherlock Holmes And The Case Of The Lucrative Fandom: Recognizing The Economic Power Of Fanworks And Reimagining Fair Use In Copyright,
2015
University of Mississippi School of Law
Sherlock Holmes And The Case Of The Lucrative Fandom: Recognizing The Economic Power Of Fanworks And Reimagining Fair Use In Copyright, Stacey M. Lantagne
Michigan Telecommunications & Technology Law Review
Fan culture, in the form of fan-created works like fanfiction, fanart, and fanvids, is often associated with the Internet. However, fandom has existed for as long as stories have been told. Sir Arthur Conan Doyle’s Sherlock Holmes stories inspired a passionate fandom long before the age of the Internet. Despite their persistence, fanworks have long existed in a gray area of copyright law. Determining if any given fanwork is infringing requires a fair use analysis. Although these analyses pay lip service to a requirement of aesthetic neutrality, they tend to become bogged down by unarticulated artistic judgments that hinge on …
Gotham Skylines: The Intersection Of Scènes À Faire And Fictional Facts In Comic Books, Graphic Novels, And Their Derivative Works,
2015
Pace University School of Law
Gotham Skylines: The Intersection Of Scènes À Faire And Fictional Facts In Comic Books, Graphic Novels, And Their Derivative Works, Gavin M. Strube
Pace Intellectual Property, Sports & Entertainment Law Forum
In just a decade and a half since the modern superhero film exploded onto the scene, the comic books and graphic novels that have long been the very definition of a fringe or niche interest, have morphed into a multi-billion dollar film, television and video game empire. The two main players in this industry, Marvel and DC, are owned by juggernauts in the entertainment industry. More importantly, some of these characters have been around for over three-quarters of a century. Readers keyed into intellectual property law, particularly copyright, should begin to see the issue. The copyright protection on these characters …
Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media,
2015
Pace University
Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione
Pace Intellectual Property, Sports & Entertainment Law Forum
“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …
Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine,
2015
Pace University
Transforming “Transformative Use”: The Growing Misinterpretation Of The Fair Use Doctrine, Caile Morris
Pace Intellectual Property, Sports & Entertainment Law Forum
Starting in late 2012, and continuing into late 2013, the United States District Court for the Southern District of New York wreaked havoc on the traditional interpretation of the copyright infringement defense known as “fair use.” Two cases stemming from the advent of the Google Books Project are Author’s Guild, Inc. v. HathiTrust and Author’s Guild, Inc. v. Google, Inc. These cases adopted a controversial interpretation of the fair use defense, codified in 17 U.S.C. § 107, when each case determined that the mass digitization of thousands of books constituted fair use merely because the digitization was what is known …
The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones,
2015
Pace University
The Night Is Dark And Full Of . . . Family Law?: California Law And Marital Presumption In Game Of Thrones, Rebecca Rosen
Pace Intellectual Property, Sports & Entertainment Law Forum
The television show Game of Thrones has developed a tremendous following in recent years. The show takes place primarily in the fictional state of Westeros, a feudal society that mirrors many of the legal structures of medieval England. As such, many of the laws and customs of Westeros seem antithetical to the beliefs and values of modern viewers. In an attempt to posit a more just outcome following the death of Westeros’ king (the action which springboards the primary power struggle), this Article applies California law to the disposition of King Robert’s property. Shockingly, this Article finds that California’s marital …
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015,
2015
Pace University
Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 5, Issue 1, Spring 2015
Pace Intellectual Property, Sports & Entertainment Law Forum
The staff of PIPSELF has worked diligently this year in selecting and preparing original and appealing articles concerning emerging issues in the fields of intellectual property, sports, and entertainment law for this issue. We welcome our readers to send comments and feedback: e-mail us at [email protected], visit our Twitter @PIPSELF, or ‘like’ us on Facebook at “Pace Intellectual Property, Sports & Entertainment Law Forum.”
The Enigma Of Photography, Depiction, And Copyright Originality,
2015
S.J. Quinney College of Law, University of Utah
The Enigma Of Photography, Depiction, And Copyright Originality, Terry S. Kogan
Utah Law Faculty Scholarship
Photography is an enigma. The features that distinguish it most from other art forms — the camera’s automatism and the photograph’s verisimilitude — have throughout its history also provided the basis for critics to claim that a photographer is not an artist nor the photograph a work of art. Because every photograph is the product of an automatic, mechanical device, critics argue that a photographer is a mere technician relegated to clicking a shutter button. Moreover, because every photograph displays an exact likeness of whatever happened to be sitting before the camera, critics consider that image to be a factual …
The "Csi Effect" And Its Potential Impact On Juror Decisions,
2015
San Jose State University
The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge
Themis: Research Journal of Justice Studies and Forensic Science
The “CSI Effect” was first described in the media as a phenomenon resulting from viewing forensic and crime based television shows. This effect influences jurors to have unrealistic expectations of forensic science during a criminal trial and affect jurors’ decisions in the conviction or acquittal process. Research has shown the “CSI Effect” has a possible pro-defense bias, in that jurors are less likely to convict without the presence of some sort of forensic evidence. Some studies show actors in the criminal justice system are changing their tactics, as if this effect has a significant influence, causing them to request unnecessary …
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics,
2015
University of Maryland Francis King Carey School of Law
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi
Maryland Law Review
No abstract provided.
Disparaging Trademarks: Who Matters,
2015
University of Missouri - Kansas City School of Law
Disparaging Trademarks: Who Matters, Jasmine C. Abdel-Khalik
Faculty Works
For more than a century, non-majority groups have protested the use of trademarks comprised of or containing terms referencing the group — albeit for various reasons. For those trademarks that are offensive to targeted groups, some may argue that the market will solve. In other words, some may assume that purchasers in the marketplace will respect the objection, there will be insufficient purchases of the product under the mark, and the mark will disappear. However, objections raised by smaller populations in the United States often fall on deaf ears, and the marks continue to be used in the marketplace. The …
Andy Warhol’S Pantry,
2015
University of Kentucky College of Law
Andy Warhol’S Pantry, Brian L. Frye
Law Faculty Scholarly Articles
This Article examines Andy Warhol’s use of food and food products as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should in-corporate a “Warhol test.”
The Ncaa Student-Athlete Reinstatement Process: Say What?,
2015
University of Nebraska College of Law
The Ncaa Student-Athlete Reinstatement Process: Say What?, Josephine R. Potuto
Buffalo Law Review
No abstract provided.
Privacy Issues And The Paparazzi,
2015
William & Mary Law School
Privacy Issues And The Paparazzi, Devan Orr
Library Staff Publications
In order to understand the current statutes and their implication for privacy issues, Part I explores the history of the paparazzi and their invasion into the lives and privacy of celebrities as a safety concern. Part II reviews the history of both California Penal Code 11414 and California Civil Code 1708.8. Part III examines the text of California Penal Code 11414 and California Civil Code 1708.7, 1708.8, and 1708.9, as amended by the three bills. Part IV analyzes how the statutes as amended interact with the common law torts of intrusion and trespass and discusses how the statutes interact with …
The Obese And The Elite: Using Law To Reclaim School Sports,
2015
University of Baltimore School of Law
The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller
All Faculty Scholarship
Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …
Silent Similarity,
2015
University of Michigan Law School
Silent Similarity, Jessica D. Litman
Articles
From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the problem at the heart of …
To Protect The Shield: Combatting Domestic Violence In The Nfl,
2015
University at Buffalo School of Law
To Protect The Shield: Combatting Domestic Violence In The Nfl, Helen A. Drew
Journal Articles
After the most tumultuous months in the history of the NFL, Helen A. Drew analyzes the string of disciplinary issues that plagued the sport, including the Ray Rice and Adrian Peterson incidents, among others. Drew tracks the timeline of negative events in 2014, then proceeds to discuss NFL Commissioner Roger Goodell's history regarding player discipline. The Article concludes by discussing the NFL's revised personal conduct policy and suggesting improvements to the NFL's internal operations in an effort to strengthen the NFL community and brand.
Pirates Players Arbitration Results,
2015
University of Notre Dame
Pirates Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Seattle Mariners Arbitration Hearings Chart,
2015
University of Notre Dame
Seattle Mariners Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Baltimore Orioles Arbitration Hearings Chart,
2015
University of Notre Dame
Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
