A Possibility Of The Korean Wave Renaissance Construction Through K-Pop: Sustainable Development Of The Korean Wave As A Cultural Industry,
2014
UC Law SF
A Possibility Of The Korean Wave Renaissance Construction Through K-Pop: Sustainable Development Of The Korean Wave As A Cultural Industry, Yeojin Kim
UC Law SF Communications and Entertainment Journal
In the era of the "digital road," Korean popular music ("K-Pop") has disseminated into every part of the world. In fact, South America, the farthest continent from Korea, goes wild for K-Pop, and the craze moves on to other continents naturally. Without Koreans having to recommend K-Pop, if listeners of K-Pop around the world believe that K-Pop has some charm, they absorb the trend and pass the music on to others. It has now come to the point where government agencies, the press, and entertainment management companies do not need to promote K-Pop because foreigners are consuming K-Pop feverishly on …
Copyright And Choreography: The Negative Costs Of The Current Framework For Licensing Choreography And A Proposal For An Alternative Licensing Model, Matt Kovac
UC Law SF Communications and Entertainment Journal
Although approaches rooted in copyright law are available, choreographers tend to rely instead on contract law in order to control distribution of their work; choreographers license their ballets to dance companies via contracts which are typically negotiated on an ad hoc basis. This relatively conservative approach allows choreographers to maintain tight artistic control over subsequent reproductions of their ballets, but it comes at a cost to both the dance community and the general public. This conservative approach to distribution means that a choreographic work may be performed infrequently or not at all, and it also forecloses the possibility for transformative …
Blurred Lines - Where Copyright Ends And Cultural Appropriation Begins - The Case Of Robin Thicke Versus Bridgeport Music And The Estate Of Marvin Gaye, Toni Lester
UC Law SF Communications and Entertainment Journal
Were Robin Thicke and Pharrell Williams perpetuating perceptions of misappropriation when they filed their declaratory judgment claim against the estate of Marvin Gaye? Or were they legitimately contributing to the evolving genre of R&B and soul music originated by black greats like Gaye and others? This article will answer these questions by first exploring the extent to which the song "Blurred Lines" constitutes illegal copyright infringement of "Gotta Give It Up" under the U.S. Copyright Act and traditional judicial interpretations thereof. It will then make some predictions about the outcome of the declaratory judgment claim currently under consideration in California.
The Fcc And Ancillary Power: What Can It Truly Regulate,
2014
UC Law SF
The Fcc And Ancillary Power: What Can It Truly Regulate, Matthew Eller
UC Law SF Communications and Entertainment Journal
This article will examine the turbulent history of section 629 of the Telecommunications Act, including its adoption and amendments, its claims as to "plug & play" devices, and the effects of the recent EchoStar Satellite LLC v. FFC holding. This article will begin with a brief history of section 629 and its proposed purpose, then discuss the industry's first attempt at industry-wide standards-first with CableCARD technology, then its successor, AllVid technology. This article will then analyze the purpose and history of the FCC's ancillary jurisdiction, the holding in the newly decided EchoStar Satellite LLC v. FCC, and the possible future …
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform,
2014
UC Law SF
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform, Paul Battista
UC Law SF Communications and Entertainment Journal
"Runaway" film and television production is a public policy issue that has been targeted for reform with the goal of its eradication, a goal that has not been achieved. The discussion has framed the issue as one relating to international trade policy and labor policy, and as a result proposals to eradicate the problem have been focused on these areas. This article takes the position that runaway film and television production is an international tax law issue that should be examined within the framework of U.S. international tax policy. In general, the U.S. international tax laws require reform because they …
Legal And Economic Challenges To The Business Model Of The Television Industry,
2014
UC Law SF
Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel
UC Law SF Communications and Entertainment Journal
Gaining access to content is critically important for entrance into the television industry; this is a necessary input to become a viable competitor against incumbent video industry players. However, incumbents have the ability and incentive to withhold programming that discourages potential competitors from entering the market. Entrants, built up over a long period of time, confront a symbiotic relationship between traditional content providers and incumbent content distributors. Access to video programming or access in the format (i.e., online) that a viewer chooses is in high demand. This demand is evident by an increasing number of legal, technological, economic, and political …
Authorship Atomized: Modeling Ownership In Participatory Media Productions,
2014
UC Law SF
Authorship Atomized: Modeling Ownership In Participatory Media Productions, Elisabeth S. Aultman
UC Law SF Communications and Entertainment Journal
The aim of this article is to posit a solution, grounded in legal realism, for the practical issues that arise when copyright law and content monetizers encounter a work (or perhaps more accurately, a series of interdependent works) with an unprecedented number of people who could ostensibly assert authorship over some element of the content.
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014),
2014
UIC John Marshall Law School
Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney
UIC Law Open Access Faculty Scholarship
Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …
Comments: Fourth And Long: How The Well-Established System Of Workers' Compensation Poses A Substantial Threat To The Financial Stability Of The Nfl,
2014
University of Baltimore School of Law
Comments: Fourth And Long: How The Well-Established System Of Workers' Compensation Poses A Substantial Threat To The Financial Stability Of The Nfl, Thomas J. Mcqueeney
University of Baltimore Law Review
No abstract provided.
Addressing Abusive Conduct In Youth Sports,
2014
Marquette University Law School
Addressing Abusive Conduct In Youth Sports, Judith G. Mcmullen
Marquette Sports Law Review
No abstract provided.
#Wedemandchange: Amending International Olympic Committee Rule 40 For The Modern Olympic Games,
2014
Case Western Reserve University School of Law
#Wedemandchange: Amending International Olympic Committee Rule 40 For The Modern Olympic Games, Megan Ormond
Journal of Law, Technology, & the Internet
No abstract provided.
Field Of Dreams: Is The Movie Site's Commercialization A Dream Plan With Significant Benefits Or A Nightmare Script With Crippling Effects?,
2014
Texas A&M University School of Law
Field Of Dreams: Is The Movie Site's Commercialization A Dream Plan With Significant Benefits Or A Nightmare Script With Crippling Effects?, Michael J. Mcgraw
Texas A&M Journal of Property Law
This Comment will detail the field’s powerful attraction, discuss and analyze the applicable zoning laws and governing case law associated with comparable property disputes in relation to the present facts, praise the use of tax rebates to help subsidize the project, and assert that the public sector could have established even further requirements for the private business to meet before receiving such substantial public funds.
Regulating The Unregulable: Finding The Proper Scope For Legislation To Combat Copyright Infringement On The Internet,
2014
UC Law SF
Regulating The Unregulable: Finding The Proper Scope For Legislation To Combat Copyright Infringement On The Internet, Melis Atalay
UC Law SF Communications and Entertainment Journal
This note seeks to critically evaluate the current trend of copyright legislation, and use the response for legislation to hypothesize what sort copyright legislation for the Internet may be successful in the future. The SOPA/PIPA legacy provides evidence for today's legislature that broad reforms will not work. Indeed the reigning in seen in OPEN was a reflection of SOPA/PIPA progeny being responsive to public outcry over SOPA/PIPA. I conclude that OPEN would have been an appropriate balance of constriction and Internet availability. If passed, OPEN would have been a step in the right direction to combat the illegal access and …
Celebrity Politicians And Publicity Rights In The Age Of Obama,
2014
UC Law SF
Celebrity Politicians And Publicity Rights In The Age Of Obama, Michael G. Bennett
UC Law SF Communications and Entertainment Journal
The right of publicity is a relatively marginalized yet increasingly radical form of intellectual property. Typically, celebrities use it to prevent freeloaders from profiting on their fame by making unauthorized use of their image, likeness or signature to make goods or services more attractive to consumers. The right of publicity allows famous individuals to stop this type of behavior by providing a property right in identity or persona. Brandished by celebrities who are also political figures, though, the doctrine can become a powerful means of chilling political speech, and therefore a direct threat to First Amendment free speech rights. The …
Bag Men And The Ghost Of Richard Jewell: Some Legal And Ethical Lessons About Implied Defamation, Headlines, And Reporting On Breaking Criminal Activity From Barhoum V. Nyp Holdings, Clay Calvert, Daniel Axelrod, Sarah Papadelias, Linda Riedemann
UC Law SF Communications and Entertainment Journal
This article analyzes and explores the complex issues of libel by implication and defamatory meaning raised in the ongoing libel suit of Barhoum v. NYP Holdings. The case pivots on the New York Post's "BAG MEN" cover that ran on April 18, 2013, and featured a large photo of two men cleared of wrongdoing in connection with the Boston Marathon bombing. This article, which compares and contrasts Barhoum to decisions such as Kaelin v. Globe Communications Corp. and Stanton v. Metro Corp., also examines the possible impact of the New York Post's tiny front-page disclaimer. Furthermore, this article considers how …
Rethinking Online Privacy Litigation As Google Expands Use Of Tracking: Giving Meaning To Our Online Browsing And The Federal Wiretap Act,
2014
UC Law SF
Rethinking Online Privacy Litigation As Google Expands Use Of Tracking: Giving Meaning To Our Online Browsing And The Federal Wiretap Act, Filip Babic
UC Law SF Communications and Entertainment Journal
This note will argue that Google's new privacy policies violate the Wiretap Act as amended by the Electronic Communication Privacy Act. The Wiretap Act provides a cause of action against anyone who "intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication." The Wiretap Act, originally drafted to prevent eavesdropping on telephone conversations, requires interception of the contents of communication and not merely the circumstances surrounding the communication. As Google's practices have made it easier for users to characterize their searches as the "contents of communication," the Wiretap …
Racial Upside: Deconstructing The "Merits" Of Jeremy Lin's Nba Contract,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Racial Upside: Deconstructing The "Merits" Of Jeremy Lin's Nba Contract, Stewart Chang
Scholarly Works
In this Article, Professor Stewart Chang disputes the common misperception that sports are a colorblind meritocracy that should serve as a model for the rest of society. The capacity of players to break into and succeed in professional sports is believed to be based purely on merit, with no consideration of race. Controversies that surfaced around the rise of professional basketball player Jeremy Lin, an Asian American not expected to succeed in a sport dominated by blacks and whites, challenged this popularly-held notion. He argues, not in a derisive way, that Lin's ability to secure a lucrative $28.8 million contract, …
Concussions And Sports: Introduction,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Concussions And Sports: Introduction, David Orentlicher
Scholarly Works
No abstract provided.
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media,
2014
University of Maryland Francis King Carey School of Law
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Journal of Business & Technology Law
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment,
2014
University of Maryland Francis King Carey School of Law
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
