From The Seat Of The Chair: An Insider’S Perspective On Ncaa Student-Athlete Voices,
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?,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
2015
Marquette University Law School
Sports Law In Law Reviews And Journals, Krista D. Brown
Marquette Sports Law Review
None.
