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, …
Access To Information About Lethal Injections: A First Amendment Theory Perspective On Creating A New Constitutional Right,
2015
UC Law SF
Access To Information About Lethal Injections: A First Amendment Theory Perspective On Creating A New Constitutional Right, Clay Calvert, Emma Morehart, Kéran Billaud, Kevin Bruckenstein
UC Law SF Communications and Entertainment Journal
This article examines, through the lens of First Amendment theory, current judicial debate regarding the access rights of inmates and the public to detailed facts about lethal- injection drugs, personnel, and procedures. The article uses several 2014 appellate court disputes as analytical springboards, including the U.S. Court of Appeals for the Ninth Circuit’s groundbreaking decision in Wood v. Ryan. The article argues that the First Amendment doctrine developed by the U.S. Supreme Court in Press-Enterprise II too narrowly cabins and confines access rights in lethal-injection data cases. In contrast, three venerable theories of free expression–the marketplace of ideas, democratic self-governance, …
Adopting Subsequent Remuneration Right In Chinese Copyright Law,
2015
UC Law SF
Adopting Subsequent Remuneration Right In Chinese Copyright Law, Xi Chen
UC Law SF Communications and Entertainment Journal
One heavily and contentiously argued clause in Chinese Copyright Law amendment drafts focuses on the practicality of granting authors of audiovisual works the legal right to collect subsequent remunerations (“SRR”) when their works are reused in subsequent exploitations. With the rapid increase of social media channels for the Chinese movie industry, and other entertainment industries relying on a heavy usage of audiovisual work, authors demand that they should be entitled to the profit earned from derivative markets and other media channels beyond the first intended market. In order to balance the conflicting interest between the author and the producer, and …
Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution To Protect Sensitive Personal Fitness Information,
2015
UC Law SF
Why Should We Care What Fitbit Shares?: A Proposed Statutory Solution To Protect Sensitive Personal Fitness Information, Michelle M. Christovich
UC Law SF Communications and Entertainment Journal
This note examines the privacy implications of fitness trackers, devices such as Fitbit, which measure users’ movements, fitness habits, and overall health in granular detail. This note explores the privacy dangers of using fitness trackers generally and in the specific context of the workplace and Big Data. This note also draws parallels between the personal health information protected by the Health Information Portability and Accountability Act (“HIPAA”) and the personal fitness information collected by fitness trackers. This note argues that a statutory scheme, modeled after HIPAA, should be established in order to protect the sensitive personal fitness information gathered by …
(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia,
2015
University of Georgia School of Law
(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia, Payton M. Bradford
Georgia Law Review
The issue of pre-1972 sound recordings-devoid of federal copyright protection-has emerged as an important legal issue with changes in how musicians are collecting royalties for music. Sound recordings have a complicated and fragmented history under United States copyright law. While recognized as a separate form of creative work from musical compositions since the early twentieth century, they nonetheless remained unprotected as separate works under federal law until 1972. Any sound recordings fixed prior to February 15, 1972, however, remain unprotected under federal law and are subject to common law copyright or state statutes. A majority of states, including Georgia, lack …
Commodification And Juridification In Football: Reflections On The Study Of Law And Society,
2015
Osgoode Hall Law School of York University
Commodification And Juridification In Football: Reflections On The Study Of Law And Society, S. B. Archer
Osgoode Legal Studies Research Paper Series
A review of certain themes in the literature discussing football (soccer) in contemporary law and society, with emphasis on commodification and juridification and reference to the 2014 World Cup. Drawing on a variety of literatures it is proposed that to better understand legal dimensions of football, it is useful to review globalization theories rooted in social, economic, and cultural conditions, and contrasts the recent rapid development of literature on football in the social sciences with a narrower treatment in legal literatures. It is speculated that an anxiety informs the treatment of social performances like football as “merely games” in contrast …
Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015),
2015
UIC School of Law
Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat
UIC Review of Intellectual Property Law
What started out as a law school requirement quickly snowballed into an analysis of the relationship between intellectual property and cultural heritage. I am a music guy at heart, having played piano since I was five years old, having composed one song (after multiple tries), and now working directly with musicians and artists. So when I began researching a topic for an article that would connect the dots between the cultural heritage and its respective music, I could only come across legal doctrine and articles that focused heavily on tangible art and artifacts. So what happened to the music? After …
Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015),
2015
UIC School of Law
Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel
UIC Review of Intellectual Property Law
The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …
How Law Defines Art, 14 J. Marshall Rev. Intell. Prop. L. 314 (2015),
2015
UIC School of Law
How Law Defines Art, 14 J. Marshall Rev. Intell. Prop. L. 314 (2015), Derek Fincham
UIC Review of Intellectual Property Law
Defining art is both hard and subjective. But in lots of contexts the law must arrive at a just solution to hard and subjective questions. The art community has largely neglected the task of defining artworks. This neglect has crept into legal disputes, particularly those involving conceptual art which has loosened the limits of aesthetics, form, function, and composition. This makes crafting a definition of art even more challenging. Yet the Law has an important part to play in resolving art disputes—courts end up defining art no matter how cautiously they approach the question. They do not set out to …
A Rose By Any Other Name: How An Illusionist Used Copyright Law As A Patent, 14 J. Marshall Rev. Intell. Prop. L. 357 (2015),
2015
UIC School of Law
A Rose By Any Other Name: How An Illusionist Used Copyright Law As A Patent, 14 J. Marshall Rev. Intell. Prop. L. 357 (2015), Sydney Beckman
UIC Review of Intellectual Property Law
Teller is a famous illusionist who, in recent years, has been performing a stage act with Penn Jillete in Las Vegas, Nevada. Teller’s signature trick, known as “Shadows,” was copied by a magician in Belgium who offered to sell the method. The Belgian’s trick, titled “The Rose and Her Shadow,” was virtually identical to Teller’s illusion. That which we call a rose by any other name . . . Teller wanted the Belgian magician to stop offering the trick for sale. After an unsuccessful attempt to negotiate, Teller took his dispute to federal court. His goal? To protect that which …
The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015),
2015
UIC School of Law
The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin
UIC Review of Intellectual Property Law
With the advancement of digital broadcasting technologies, the lack of a revision to copyright law has created a creative and distribution bottleneck for artists by companies. The current range for compulsory licensing agreements does not protect the interests of artists through modern digital transmission tools, and leaves them fending for themselves if they wish to have access to new digital platforms. Moreover organizations, such as the Recording Industry Association of America, are in greater positions of power when applying existing copyright laws and definitions to new technologies that innovators never intended to be analogous to pre-existing technologies to begin with. …
On Art Attacks: At The Confluence Of Shock, Appropriation, And The Law, 14 J. Marshall Rev. Intell. Prop. L. 392 (2015),
2015
UIC School of Law
On Art Attacks: At The Confluence Of Shock, Appropriation, And The Law, 14 J. Marshall Rev. Intell. Prop. L. 392 (2015), Rachel Buker
UIC Review of Intellectual Property Law
Does the law adequately recognize the expansive nature of art, especially in scenarios involving controversial acts of appropriation art? Of particular curiosity is just how the law should treat acts of artistic appropriation involving the creation of artwork on top of other original works of art, or art attacks. This is an issue that has been largely unaddressed by the courts outside the realm of criminal proceedings. However, the legal implications of such acts reach far beyond crimes and property torts, involving copyright, moral rights, freedom of expression, and the preservation of cultural heritage. Indeed, the issues are not just …
The Law As Art Material, 14 J. Marshall Rev. Intell. Prop. L. 418 (2015),
2015
UIC School of Law
The Law As Art Material, 14 J. Marshall Rev. Intell. Prop. L. 418 (2015), Daniel Mellis
UIC Review of Intellectual Property Law
Daniel Mellis is an artist who incorporates the law and legal language into his work. This article discusses four such works: I. A postcard that predicts when its copyright will expire. II. A performance piece that uses the Visual Artists Rights Act to turn money into Art. III. An installation about the fourth amendment on the paper bags at a liquor store. IV. A bureaucratic entity that allows people to renounce, not their citizenship, but rather their symbolic attachment in a nation state or empire.
The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015),
2015
UIC School of Law
The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015), Edward Kuester
UIC Review of Intellectual Property Law
The recent rise of fantasy sports has created a conflict between an athlete’s right of publicity and the First Amendment of the Constitution. The legal question being discussed is whether athletes have a right of publicity in their identity, specifically their performance statistics and biographical information. If a right of publicity violation does exist, courts will have to determine whether a fantasy provider’s First Amendment privilege can prevail against an athlete’s publicity rights. This comment examines recent litigation surrounding athletes’ identities and the problems courts have in balancing the conflict between an athlete’s right of publicity and the First Amendment. …
