Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015),
2015
UIC School of Law
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer
UIC Review of Intellectual Property Law
This paper considers the extent to which federal moral rights law protects authorized graffiti and aerosol art against destruction, in the context of the controversy over the destruction of 5Pointz. 5Pointz, a sprawling complex of warehouse buildings in Queens, was a Mecca for aerosol art. The buildings’ owners ordered the demolition of 5Pointz after the November 2013 order by New York federal district judge Frederic Block denying the artists a preliminary injunction to stop destruction under the federal moral rights statute, the Visual Artists Rights Act (VARA). This paper argues that Judge Block erred in finding that the transient nature …
Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015),
2015
UIC School of Law
Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln
UIC Review of Intellectual Property Law
The luxury fashion industry spends millions of dollars each year fighting counterfeits, yet a fake Louis Vuitton bag is easily purchased on street corners around the world. Proponents of the counterfeits argue that the fakes translate to advertising for the brands, while the luxury brands argue that it damages the future of their brand. The counterfeit market has been linked to child labor, human trafficking, organized crime, and some terrorist groups. The current federal civil and criminal statutes exclude purchasers from prosecution and instead focus on the distributors of the goods. This comment proposes the strengthening of these laws by …
Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees,
2015
Villanova University Charles Widger School of Law
Check To The Head: The Tragic Death Of Nhl Enforcer Derek Boogaard And The Nhl's Negligence - How Enforcers Are Treated As Second-Class Employees, Melanie Romero
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015),
2015
UIC School of Law
Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa
UIC Law Review
This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.
Doping In Cycling: Incentivizing The Reporting Of Uci Anti-Doping Rules Violations Through Organizational Oversight And Accountability, 49 J. Marshall L. Rev. 625 (2015),
2015
UIC School of Law
Doping In Cycling: Incentivizing The Reporting Of Uci Anti-Doping Rules Violations Through Organizational Oversight And Accountability, 49 J. Marshall L. Rev. 625 (2015), Tom Laser
UIC Law Review
No abstract provided.
Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015),
2015
UIC School of Law
Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), Patrick Johnston
UIC Law Review
This comment analyzes the arguments the Northwestern University football team have made to the NLRB and discuss potential adverse tax consequences to the Players as a result of those arguments.
The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett
UIC Law Review
This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This …
Manufacturing A Run: How Major League Baseball Can Use The Morals Clause To Clean Up Baseball, 48 J. Marshall L. Rev. 539 (2015),
2015
UIC School of Law
Manufacturing A Run: How Major League Baseball Can Use The Morals Clause To Clean Up Baseball, 48 J. Marshall L. Rev. 539 (2015), Nathan Law
UIC Law Review
This Comment will explore the applicability of the morals clause to the PED scandals that have afflicted baseball in the twenty-first century and how it might be employed to clean up the sport. This Comment first discusses the development of the morals clause in sports and entertainment contracts. Then the Comment proposes a revision to the morals clause in MLB players’ contracts to effectively deal with the PED issue.
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?,
2015
The Catholic University of America, Columbus School of Law
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, Susanna Frederick Fischer
Scholarly Articles
This paper considers the extent to which federal moral rights law protects authorized graffiti and aerosol art against destruction, in the context of the controversy over the destruction of 5Pointz. 5Pointz, a sprawling complex of warehouse buildings in Queens, was a Mecca for aerosol art. The buildings’ owners ordered the demolition of 5Pointz after the November 2013 order by New York federal district judge Frederic Block denying the artists a preliminary injunction to stop destruction under the federal moral rights statute, the Visual Artists Rights Act (VARA). This paper argues that Judge Block erred in finding that the transient nature …
You Can Use Hidden Recorders In Florida,
2015
UC Law SF
You Can Use Hidden Recorders In Florida, Thomas R. Julin, Jamie Z. Isani, Paulo R. Lima
UC Law SF Communications and Entertainment Journal
The Florida Supreme Court faces a difficult decision in McDade v. State. The court must decide whether the statements recorded on a hidden recording device can be used to convict a man accused of sexually assaulting his step-daughter. This article traces the controversial history of Florida's Security of Communications Act and shows that it does not in ban the use of secret recordings of face-to-face conversations by any part to the conversations. The Florida courts, however, have misread the law for decades and this article urges the Florida Supreme Court to set the record straight in McDade. This article argues …
Talent Managers Acting As Agentsrevisited: An Argument For California's Imperfect Talent Agencies Act,
2015
UC Law SF
Talent Managers Acting As Agentsrevisited: An Argument For California's Imperfect Talent Agencies Act, Myles L. Gutenkunst
UC Law SF Communications and Entertainment Journal
Talent managers in California have traditionally faced severe penalties under the Talent Agencies Act (TAA) for simple acts of procuring employment for their artist-clients. Commentators, interest groups, and justices have pointed out these flaws and proposed alternative remedies to provide managers with some equity when violating the statute. These advocates have argued for an adoption of the incidental booking exception that is present in New York's employment agency statutes. However, this proposal and other proposed alternatives actually undercut the policy that the Talent Agencies Act seeks to protect. This note will compare California's TAA and New York's employment agency laws, …
Digital Music Garage Sale: An Analysis Of Capitol Records, Llc V. Redigi Inc. And A Proposal For Legislative Reform In Copyright Enabling A Secondary Market For Digital Music, Nicholas Costanza
UC Law SF Communications and Entertainment Journal
In 2011, ReDigi, Inc., a Massachusetts-based tech company, created the first resale marketplace for lawfully purchased digital music. This "digital resale" platform immediately drew the attention of copyright holders in the music industry. In early 2012, Capitol Records, LLC sued ReDigi, claiming that the service violated Capitol's exclusive rights to reproduction and distribution of their copyrighted words under the Copyright Act of 1976. Ultimately, the United States District Court for the Southern District of New York held in favor of Capitol. This note explains this case and discusses the complex relationships between "secondary digital market" technology and current copyright law. …
Proxy.Gov: A Proposal To Modernize Shareholder Lists And Simplify Shareholder Communications,
2015
UC Law SF
Proxy.Gov: A Proposal To Modernize Shareholder Lists And Simplify Shareholder Communications, Kevin Kearney
UC Law SF Communications and Entertainment Journal
The SEC is conducting a comprehensive reevaluation of the U.S. corporate proxy system. One issue under the SEC's microscope is public companies' inability to communicate directly with shareholders. When stock trading migrated to the depository system, securities intermediaries undertook the book-entry settlement function. As a result, a public company issuer today cannot identify who holds the right to vote its shares without going through intermediary proxy service providers. Public companies thus communicate with shareholders through a proxy system that is indirect, inefficient, and expensive. Commentators, including issuers, believe that recent developments in the corporate governance landscape require a system that …
Conflict In The Network Of Networks: How Internet Service Providers Have Shifted From Partners To Adversaries,
2015
UC Law SF
Conflict In The Network Of Networks: How Internet Service Providers Have Shifted From Partners To Adversaries, Rob Frieden
UC Law SF Communications and Entertainment Journal
This paper will examine new models for the carriage of Internet traffic with an eye toward providing insights on how the interconnection process has changed and what positive and negative consequences have resulted. Internet carrier interconnection used to constitute a cooperative undertaking, but now it increasingly requires difficult and protracted negotiations between ventures that consider themselves adversaries in a winner take all transaction. The paper concludes that new commercial arrangements, such as paid peering, can achieve mutually beneficial outcomes. However, the paper also identifies instances where migration from traditional interconnection arrangements has the potential to reduce overall utility of the …
“Fair Compensation” In The Digital Age: Realigning The Audio Home Recording Act,
2015
UC Law SF
“Fair Compensation” In The Digital Age: Realigning The Audio Home Recording Act, Monica Zhang
UC Law SF Communications and Entertainment Journal
This note examines how the Audio Home Recording Act of 1992 falls short of providing “fair compensation” due to copyright owners in the digital age under the Copyright Act. The note focuses on the narrow language of the statute and the impact on royalties generated, as well as the shifts in global music consumption that reveal a pressing need for expansion. By examining how Canada and Finland have enacted similar statutes with forward-looking royalty structures, this note suggests better alternatives to our current model by expanding the royalty-bearing pool to truly provide “fair compensation” to recording artists and record labels …
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp,
2015
Barry University
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Pensions Or Paintings?: The Detroit Institute Of Arts From Bankruptcy To Grand Bargain, 24 U. Miami Bus. L. Rev. 1 (2015),
2015
John Marshall Law School
Pensions Or Paintings?: The Detroit Institute Of Arts From Bankruptcy To Grand Bargain, 24 U. Miami Bus. L. Rev. 1 (2015), Maureen Collins
UIC Law Open Access Faculty Scholarship
This article examines the issues faced by the City of Detroit and the Detroit Institute of Arts when Detroit filed for municipal bankruptcy. Creditors called for the sale of the highly esteemed DIA art collection to pay outstanding municipal pension obligations. The DIA and the Michigan Attorney General viewed the collection not as an asset, but as a charitable public trust. Simply put, the City faced the question of what mattered most – pensions or paintings? Along the way, the parties and courts struggled with valuation of the art collection, a history of judicial decisions and lawmaking regarding charitable trusts …
How Not To Apply The Rule Of Reason: The O’Bannon Case,
2015
Rutgers Law School
How Not To Apply The Rule Of Reason: The O’Bannon Case, Michael A. Carrier
Michigan Law Review First Impressions
The case of O’Bannon v. NCAA has received significant attention. On behalf of a class of student-athletes, former college basketball star Ed O’Bannon sued the NCAA, challenging rules that prohibited payment for the use of names, images, and likenesses (NILs) in videogames, live game telecasts, and other footage. A Ninth Circuit panel, in a 2-1 decision, found that this restraint had anticompetitive effects and procompetitive justifications. And it considered “less restrictive alternatives,” upholding payment for incidental educational expenses beyond tuition and fees, room and board, and required books, but rejecting a deferred $5,000 payment for NILs. Straddling the intersection of …
Rubin V. Islamic Republic Of Iran, 1997-2015,
2015
Indiana University Maurer School of Law
Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin
Articles by Maurer Faculty
The case of Rubin v. Islamic Republic of Iran reads like a blockbuster movie with an all-star cast. A terrorist organization blows up a crowded shopping mall in Jerusalem, killing and injuring Americans in the process. Some of those severely injured sue the nation of Iran for their part in supporting Hamas, who carried out the bombing. Iran never makes a court appearance, so the plaintiffs win a default judgment for hundreds of millions of dollars. However, in trying to get some money out of Iran, the plaintiffs try to attach property in the United States, which may or may …
Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015),
2015
UIC School of Law
Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney
UIC Law Review
This Comment will analyze the historical application of antitrust laws to the rules and regulations of the NCAA and argue that, in light of a recent shift in judicial treatment, the next round of antitrust litigation threatens to destroy the entire NCAA model.
