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From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf 2015 Indiana University Maurer School of Law

From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices, Scott Krapf

Indiana Law Journal

This Article explains how student-athletes already have a significantly influential voice. The Author calls upon his personal experience as a former Division I student-athlete and Chair of the NCAA Division I National Student-Athlete Advisory Committee to show that student athletes are capable of effectuating change by expressing themselves through existing means, rather than unionization.


Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau 2015 Georgia State University College of Law

Are The Courts Singing A Different Tune When It Comes To Music?: What Ever Happened To Fair Use In Music Sampling Cases?, Michael B. Landau

Faculty Publications By Year

As "fair use" has become more common as a defense to copyright infringement, often successfully, it has not gained any ground in cases involving music sampling. In the years since Campbell v. Acuff-Rose Music, Inc.,we have seen the introduction of "transformative use" to fair use analysis. "Transformative use" has led to the holdings that thumbnail reproductions of photographs, parodies of novels, parodies of advertisements, changed artworks, the inclusion of legal briefs in searchable databases, the inclusion of music in film, and the mass digitization of millions of books are all "fair use." Almost every day we read of another …


Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian 2015 Northwestern Pritzker School of Law

Derivative Works 2.0: Reconsidering Transformative Use In The Age Of Crowdsourced Creation, Jacqueline D. Lipton, John Tehranian

Northwestern University Law Review

Apple invites us to “Rip. Mix. Burn.” while Sony exhorts us to “make.believe.” Digital service providers enable us to create new forms of derivative work—work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright infringement liability? Despite the exponential growth of remixing technologies, content holders continue to benefit from the vagaries of copyright law. There are no clear principles to determine whether any given remix will infringe one or more copyrights. Thus, rights holders can easily and plausibly threaten infringement suits and …


Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr. 2015 Loyola Marymount University and Loyola Law School

Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.

Loyola of Los Angeles Law Review

This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …


A Rapid Reaction To O'Bannon: The Need For Analytics In Applying The Sherman Act To Overly Restrictive Joint Venture Schemes, Stephen F. Ross, Wayne DeSarbo 2015 Penn State Law

A Rapid Reaction To O'Bannon: The Need For Analytics In Applying The Sherman Act To Overly Restrictive Joint Venture Schemes, Stephen F. Ross, Wayne Desarbo

Faculty Scholarship

This Article reviews the recent and highly publicized district court decision holding that NCAA rules, which bar student-athletes from any compensation for image rights, violated the Sherman Act, and that big-time athletic programs could lawfully agree among themselves to limit compensation to $5,000 annually in trust for each athlete upon leaving school. This Article briefly discusses why the decision correctly found the current rule to be illegal, but also details why, under settled antitrust law, the critical question of how much compensation would significantly harm consumer appeal for college football and basketball is a question better left to marketing science …


Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Gwendolyn Ross 2015 Dalhousie University Schulich School of Law

Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

This paper seeks to address effective aggressiveness and the treatment of aggressive behaviour in the context of MMA in comparison to the balance of the formal Canadian legal landscape. I choose anti-bullying legislation, and its treatment of aggressive behaviour, as a counterexample to the treatment of aggressive behaviour within the MMA regulatory framework. By intertextually linking and superimposing these two categories of legislation, a critical lens drawing on institutional ethnography is applied. This is done to question and deconstruct the differential treatment of aggressive behaviour and the rationale behind the legislative mixed message sent. This lens also allows me to …


A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen F. Ross, Michael James Jr. 2015 Penn State Law

A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen F. Ross, Michael James Jr.

Faculty Scholarship

Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number “42” in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single player—chosen from nominees from each individual club—by presenting an annual award for humanitarian service in his name; that honoree is Roberto Clemente. However, the sad reality is that if a fifteen-year-old Jackie Robinson were growing up today in South Pasadena, California, …


Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu 2015 Columbia Law School

Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu

Faculty Scholarship

Over the last twenty years, two waves of technological change have transformed the way people purchase and listen to music. First, digital downloads displaced physical sales of albums. More recently, digital downloads, once the primary way to gain access to digital music, have come to be challenged by streaming services. Apple, a leader in the digital download market with iTunes, has engaged in various strategies to meet the challenge. This Note specifically focuses on two types of conduct: Apple’s pressure on labels to enter into exclusive license agreements, also known as windowing, and Apple’s pressure on the market to abandon …


Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman 2015 Marquette University Law School

Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman

Marquette Sports Law Review

None.


The Effects Of Exposure On The Ecology Of The Magic Industry: Preserving Magic In The Absence Of Law, Jared R. Sherlock 2015 Mitchell Hamline School of Law

The Effects Of Exposure On The Ecology Of The Magic Industry: Preserving Magic In The Absence Of Law, Jared R. Sherlock

Cybaris®

No abstract provided.


Resale Royalties For Visual Artists: Promoting Equity And Expression, Alma Robinson 2015 Mitchell Hamline School of Law

Resale Royalties For Visual Artists: Promoting Equity And Expression, Alma Robinson

Cybaris®

No abstract provided.


How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists, Caitlin Kowalke 2015 Mitchell Hamline School of Law

How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists, Caitlin Kowalke

Cybaris®

No abstract provided.


Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri 2015 Rollins College

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.


On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin 2015 Villanova University Charles Widger School of Law

On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Ncaa Division I Athletic Directors: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Christopher R. Deubert, Justin Hayek 2015 Villanova University Charles Widger School of Law

Ncaa Division I Athletic Directors: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Christopher R. Deubert, Justin Hayek

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Ncaa V. N.J.: New Jersey Rolls The Dice On A Tenth Amendment Challenge To The Professional And Amateur Sports Protection Act, Joshua M. Peles 2015 Villanova University Charles Widger School of Law

Ncaa V. N.J.: New Jersey Rolls The Dice On A Tenth Amendment Challenge To The Professional And Amateur Sports Protection Act, Joshua M. Peles

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill 2015 Villanova University Charles Widger School of Law

Power Play: Why Nhl's Prohibition On Player Participation In Future Olympics Would Violate Sherman Antitrust Act, Ross O'Neill

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar 2015 Villanova University Charles Widger School of Law

Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker 2015 Marquette University Law School

My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

None.


Sports Law In Law Reviews And Journals, Krista D. Brown 2015 Marquette University Law School

Sports Law In Law Reviews And Journals, Krista D. Brown

Marquette Sports Law Review

None.


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