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From The Statute Of Anne To Z.Z. Top: The Strange World Of American Sound Recordings, How It Came About, And Why It Will Never Go Away, 15 J. Marshall Rev. Intell. Prop. L. 1 (2015), Bruce Epperson 2015 UIC School of Law

From The Statute Of Anne To Z.Z. Top: The Strange World Of American Sound Recordings, How It Came About, And Why It Will Never Go Away, 15 J. Marshall Rev. Intell. Prop. L. 1 (2015), Bruce Epperson

UIC Review of Intellectual Property Law

Uniquely among all industrialized nations, the United States extended no copyright protection to sound recordings until 1972. The individual aural representation captured for playback could only be protected by the common or statutory laws of individual states. This feature was carried forward into the comprehensive revision of the Copyright Act implemented on January 1, 1978. Although the Copyright Act contained a sweeping provision that brought works created prior to the legislation under federal protection, pre-1972 sound recordings were specifically exempted. The extent to which this lack of status has created a legal and environmental void is best demonstrated by a …


O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier 2015 Cleveland State University

O’Bannon V. National Collegiate Athletic Association: Why The Ninth Circuit Should Not Block The Floodgates Of Change In College Athletics, Christopher Sagers, Michael A. Carrier

Law Faculty Articles and Essays

In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA) amateurism rules. The NCAA was finally put to a full evidentiary demonstration of its amateurism defense, and its proof was found emphatically wanting. We agree with Professor Edelman that O’Bannon could bring about significant changes, but only if the Ninth Circuit affirms. We write mainly to address the NCAA’s vigorous pending appeal and the views of certain amici, and to explain our …


Hitting A Home Run In Your Writing, David Spratt 2015 American University Washington College of Law

Hitting A Home Run In Your Writing, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster II 2015 Vinson & Elkins

Fair Use, Girl Talk, And Digital Sampling: An Empirical Study Of Music Sampling's Effect On The Market For Copyrighted Works, William M. Schuster Ii

Oklahoma Law Review

This Article presents an empirical study of digital sampling’s effect on the sales of copyrighted songs and how this effect should influence the fair use analysis. To conduct this research, a group of previously sampled songs was identified and sales information for these songs was collected. The over 350 songs sampled in musician Gregg Gillis’s (also known as Girl Talk’s) most recent album presents an ideal dataset because the album’s instantaneous popularity allows for its influence to be analyzed through a comparison of the sampled songs’ sales immediately before and after release. Collecting and comparing sales information for these songs …


The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller 2015 University of Baltimore

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

Oklahoma Law Review

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 …


25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson 2015 Marquette University Law School

25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson

Marquette Sports Law Review

None.


Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol 2015 Marquette University Law School

Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol

Marquette Sports Law Review

None.


2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown 2015 Marquette University Law School

2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown

Marquette Sports Law Review

None.


Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa 2015 Marquette University Law School

Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa

Marquette Sports Law Review

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Ohio And Sports Law, Adam Epstein 2015 Marquette University Law School

Ohio And Sports Law, Adam Epstein

Marquette Sports Law Review

None


The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. McPeters 2015 Marquette University Law School

The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters

Marquette Sports Law Review

None.


Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage 2015 Marquette University Law School

Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage

Marquette Sports Law Review

None.


Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson 2015 Marquette University Law School

Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson

Marquette Sports Law Review

None.


Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson 2015 Marquette University Law School

Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson

Marquette Sports Law Review

None.


Table Of Contents, 2015 Marquette University Law School

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Without Thanks To Richie Incognito: Should Employers Owe A Duty To Employees To Protect Against Psychological Harm From Status-Blind Bullying In The Workplace?, Samuel L. Gurney 2015 Marquette University Law School

Without Thanks To Richie Incognito: Should Employers Owe A Duty To Employees To Protect Against Psychological Harm From Status-Blind Bullying In The Workplace?, Samuel L. Gurney

Marquette Sports Law Review

No abstract provided.


Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl 2015 Marquette University Law School

Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl

Marquette Sports Law Review

No abstract provided.


Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman 2015 Marquette University Law School

Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman

Marquette Sports Law Review

No abstract provided.


A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau 2015 Marquette University Law School

A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau

Marquette Sports Law Review

No abstract provided.


The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul 2015 Marquette University Law School

The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul

Marquette Sports Law Review

No abstract provided.


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