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.
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 …
Study On Copyright Limitations And Exceptions For Museums,
2015
Dalhousie University Schulich School of Law
Study On Copyright Limitations And Exceptions For Museums, Lucie Guibault, Jean-François Canat, Elizabeth Logeais
Reports & Public Policy Documents
This study investigates the issue of limitations and exceptions to copyright for the benefit of museums, with a view to strengthening the international understanding of the need to have adequate limitations, exploring existing and proposed models of protection, and moving towards agreement regarding specific exceptions or limitations.
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 …
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.
Weighing Down The Cloud: The Public Performance Right And The Internet After Aereo,
2015
Loyola University Chicago, School of Law
Weighing Down The Cloud: The Public Performance Right And The Internet After Aereo, Samuel J. Dykstra
Loyola University Chicago Law Journal
In American Broadcasting Companies, Inc. v. Aereo, Inc., the Supreme Court concluded that Aereo’s streaming of broadcast television programs over the Internet to its subscribers was an infringing public performance under the Copyright Act of 1976 (“Copyright Act”). The Court interpreted the “Transmit Clause” of the Copyright Act to mean that when determining whether a performance created by a transmission is to “the public” the relevant audience is not that of a particular transmission, but of the work being transmitted. Thus, it did not matter that Aereo operated by creating unique copies and via separate transmissions available to only one …
Table Of Contents,
2015
Marquette University Law School
Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist,
2015
Villanova University Charles Widger School of Law
Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Costs And Benefits Of Regulatory Intervention In Internet Disputes: Lessons From Broadcast Signal Retransmission Consent Negotiations,
2015
UC Law SF
The Costs And Benefits Of Regulatory Intervention In Internet Disputes: Lessons From Broadcast Signal Retransmission Consent Negotiations, Rob Frieden
UC Law SF Communications and Entertainment Journal
The Internet increasingly provides an alternative distribution medium for video and other types of high value, bandwidth intensive content commonly called Internet Protocol Television ("IPTV"). While many consumers have become indifferent about their wire line or wireless service provider, they expect their video service providers to offer access anytime, anywhere, via any device, and in any format. These early adopters of new technologies have no patience with the concept of "appointment television" that limits access to a specific time, presentation, and channel. My article offers a clear assessment of whether and how the FCC can resolve disputes that can prevent …
Richard Sherman, Rhetoric, And Racial Animus In The Rebirth Of The Bogeyman Myth,
2015
UC Law SF
Richard Sherman, Rhetoric, And Racial Animus In The Rebirth Of The Bogeyman Myth, Nick J. Sciullo
UC Law SF Communications and Entertainment Journal
After the Seattle Seahawks won the NFC Championship game, the postgame interview of Richard Sherman, a defensive back for the Seahawks, became subject to racialized discourse in the media. This article draws upon important concepts of black danger, blackness and the media, and racial animus to explain how media pundits and online commentaries about the interview have created a modem-day version of the bogeyman. In so doing, the article theorizes a new logic to racial animus-the myth of the bogeyman-to expound on the confluence of race, law, and sports. This new approach will help to explain covert racism in the …
Recovery Of Nazi-Related Art: Legal Aspects Under German And U.S. Law Exemplified By The Gurlitt Case,
2015
UC Law SF
Recovery Of Nazi-Related Art: Legal Aspects Under German And U.S. Law Exemplified By The Gurlitt Case, Michael Rebholz
UC Law SF Communications and Entertainment Journal
Since November 3, 2013, a case regarding Nazi-looted art-known as the Gurlitt casehas garnered the attention of the media and the art industry in both Germany and the United States. This case arose from German authority's confiscation of approximately 1500 pieces of valuable art found in Cornelius Gurlitt's apartments in Germany and Austria. He claimed that he was the legal owner of the artworks that people believed to have been destroyed during World War It. This article first answers the question of how this case would be resolved under German law by focusing primarily on the question of whether Cornelius …
Transformative Use And The Right Of Publicity: A Relationship Ready For Revision,
2015
UC Law SF
Transformative Use And The Right Of Publicity: A Relationship Ready For Revision, Justin L. Rand
UC Law SF Communications and Entertainment Journal
The only consistency in right of publicity jurisprudence has been inconsistency. The right can be defined as the ability to control the commercial use of one's identity, and its scope has varied from state to state and era to era. While aspects of the right of publicity partially overlap with copyright and trademark, its historical origins and underlying policy justifications are distinct. Indeed, understanding the unique position of the right has become increasingly important in the digital revolution, where celebrities are vigorously fighting to protect their identities from outside, commercial exploitation. Yet, in their efforts to monetize their names, images, …
