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Unsportsmanlike Conduct: The Duty Placed On Stadium Owners To Protect Against Fan Violence, Steven J. Swenson 2012 Marquette University Law School

Unsportsmanlike Conduct: The Duty Placed On Stadium Owners To Protect Against Fan Violence, Steven J. Swenson

Marquette Sports Law Review

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Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg 2012 Columbia Law School

Duration Of Copyright In Audiovisual Works Under Us Copyright Law, Jane C. Ginsburg

Faculty Scholarship

Calculating the duration of US copyright in audiovisual works can be a daunting task, complicated by issues of transitional law spanning the US Copyright Acts of 1909 and 1976 and the latter’s subsequent amendments. Readers with an inclination for complexity will find their tastes amply satisfied when inquiry turns to the questions of private international law that also come into play when foreign audiovisual works are at issue. Gluttons for punishment will further relish addressing the relationship of the duration of copyright in an audiovisual work to the duration of copyright in the underlying literary work on which the film …


Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg 2012 Columbia Law School

Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg

Faculty Scholarship

Over ten years ago, in the pages of this Journal, I inquired whether authors’ “moral rights” had come of (digital) age in the U.S. Ever-hopeful at that time, I suggested that then-recent legislation enacted to enable the copyright law to respond to the challenges of digital media might, in addition to its principal goal of securing digital markets for works of authorship, also provide new means to protect authors’ interests in receiving attribution for their works and in safeguarding their integrity. The intervening years’ developments, however, indicate that, far from achieving their majority, U.S. authors’ moral rights remain in their …


Reimagining International Water Law, Tim Stephens 2012 University of Maryland Francis King Carey School of Law

Reimagining International Water Law, Tim Stephens

Maryland Law Review Online

No abstract provided.


Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly 2012 University of Dayton

Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly

School of Law Faculty Publications

When viewed in the context of sound recording infringement and digital sampling, two recent high court rulings—one in the United States and the other in Germany—have determined that good fences do, indeed, make for sensible legal boundaries with respect to the copyrights held by the owners of sound recordings. While the legal doctrines employed by the courts in each of these cases are different in letter and theory, both courts concluded that owners of rights held in sound recordings should reasonably expect the law to protect the valid boundaries of those rights when third parties engage in the practice of …


2012 International Advocate For Peace Award Acceptance Speech, John Marks 2012 Search for Common Ground

2012 International Advocate For Peace Award Acceptance Speech, John Marks

Cardozo Journal of Conflict Resolution

Worldwide, tens of millions of people are caught up in violent conflict, and hundreds of thousands, if not millions, die every year as a direct result. Violence has a profoundly negative impact on the whole planet, even when it occurs in remote places. Where there is violence, lives and livelihoods are shattered; economic development is blocked; human rights are abused; and the environment is devastated. Consequently, preventing violence is a necessary precursor for humanity to move forward in positive ways. Current problems-whether economic, ethnic, or environmental-are too complex and inter-connected to be settled on a violent, adversarial basis. The earth …


Dastar's Next Stand, Mark P. McKenna 2012 Notre Dame Law School

Dastar's Next Stand, Mark P. Mckenna

Journal Articles

A series of recent cases implicate the extent to which trademark law can be used to control creative content. The possibility of using trademark law for that purpose obviously creates a potential conflict with copyright law, which ordinarily sets the rules for use of creative material developed by others. Unfortunately, despite its attraction to boundary questions in trademark law, the Supreme Court‘s Dastar decision—its lone decision demarcating trademark and copyright law—remains controversial and its scope somewhat unclear. This Essay argues that Dastar should be understood, or at least should be extended, to rule out any claims based on confusion that …


Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross 2012 Penn State Law

Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross

Faculty Scholarship

Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes "corruption" when football and men's basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question …


Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy 2012 University of Idaho College of Law

Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Region Codes And Human Rights, Molly Land 2012 New York Law School

Region Codes And Human Rights, Molly Land

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Revisiting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman 2012 Benjamin N. Cardozo School of Law

Revisiting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman

Cardozo Arts & Entertainment Law Journal

No abstract provided.


It's In The Game: Redefining The Transformative Use Test For The Video Game Arena, Joseph Gutmann 2012 Benjamin N. Cardozo School of Law

It's In The Game: Redefining The Transformative Use Test For The Video Game Arena, Joseph Gutmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.


An End To The Ncaa's Exploitation Of Former Student-Athletes: How O'Bannon V. Ncaa Highlights The Need For An Inalienable Reversionary Interest In The Right Of Publicity For Former Student-Athletes, Nabeel Gadit 2012 Benjamin N. Cardozo School of Law

An End To The Ncaa's Exploitation Of Former Student-Athletes: How O'Bannon V. Ncaa Highlights The Need For An Inalienable Reversionary Interest In The Right Of Publicity For Former Student-Athletes, Nabeel Gadit

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Switching The Flip: Questioning The Government's Authority To Shut Down Communication Networks In Furtherance Of Public Safety, Eric B. Einisman 2012 Benjamin N. Cardozo School of Law

Switching The Flip: Questioning The Government's Authority To Shut Down Communication Networks In Furtherance Of Public Safety, Eric B. Einisman

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 30, Iss. 1, 2012 Yeshiva University, Cardozo School of Law

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 30, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Copyright Harm And Injunctions, Christina Bohannan 2012 University of Iowa College of Law

Copyright Harm And Injunctions, Christina Bohannan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Demise Of The Federal Shield Law, William E. Lee 2012 University of Georgia

The Demise Of The Federal Shield Law, William E. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg 2012 Columbia University School of Law

Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Graduated Response By Industry Compact: Piercing The Black Box, Mary LaFrance 2012 William S. Boyd School of Law

Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Internet Advertising After Sorrell V. Ims Health: A Discussion On Data Privacy & The First Amendment, Agatha M. Cole 2012 Benjamin N. Cardozo School of Law

Internet Advertising After Sorrell V. Ims Health: A Discussion On Data Privacy & The First Amendment, Agatha M. Cole

Cardozo Arts & Entertainment Law Journal

No abstract provided.


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