The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor,
2010
Benjamin N. Cardozo School of Law
The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor, Liliana Chang
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Almost Famous: Preventing Username-Squatting On Social Networking Websites,
2010
Benjamin N. Cardozo School of Law
Almost Famous: Preventing Username-Squatting On Social Networking Websites, Zorik Pesochinsky
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity,
2010
National University of Singapore
Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Tea Board V. Mr. Jean-Luc Dusong, Court Of Appeals Of Paris, 05/20050, Decision Of November 22, 2006,
2010
Yeshiva University, Cardozo School of Law
The Tea Board V. Mr. Jean-Luc Dusong, Court Of Appeals Of Paris, 05/20050, Decision Of November 22, 2006, Justin Hughes, Diane Artal
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 29 (2010-11),
2010
Yeshiva University, Cardozo School of Law
Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 29 (2010-11)
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Guerrilla Radio: Has The Time Come For A Full Performance Right In Sound Recordings?,
2010
Vanderbilt University Law School
Guerrilla Radio: Has The Time Come For A Full Performance Right In Sound Recordings?, Lauren E. Kilgore
Vanderbilt Journal of Entertainment & Technology Law
Musicians and songwriters occupy a unique place in society as purveyors of composition and expression that impart an intangible benefit to society. Understanding the value of "Science and useful Arts," the Founders provided Constitutional protection for individuals spending time, money, and energy pursuing creative endeavors. Music defines generations and pivotal moments in history, and has rightfully taken its place at the forefront of human expression. When music began reaching the masses in the early twentieth century, both record labels and radio, even in its infancy, helped propel artists to the national spotlight. Johnny Cash, Ray Charles, and Pearl Jam all …
Baseball's Moral Hazard: Law, Economics, And The Designated Hitter Rule,
2010
University of Washington School of Law
Baseball's Moral Hazard: Law, Economics, And The Designated Hitter Rule, Dustin E. Buehler, Steve P. Calandrillo
Articles
No subject prompts greater disagreement among baseball fans than the designated hitter rule, which allows teams to designate a player to hit for the pitcher. The rule increases the number of hit batsmen, and some have suggested this effect is a result of "moral hazard," which recognizes that persons insured against risk are more likely to engage in dangerous behavior. Because American League pitchers do not bat, they allegedly are not deterred by the full cost of making risky, inside pitches—namely, retribution during their next at bat.
Using a law-and-economics approach, this Article concludes that the designated hitter rule creates …
Embedded Advertising And The Venture Consumer,
2010
University of Washington School of Law
Embedded Advertising And The Venture Consumer, Zahr Said
Articles
Embedded advertising—marketing that promotes brands from within entertainment content—is a thriving, rapidly changing practice. Analysts estimate that embedded advertising expenditures will exceed $10 billion in 2010. The market continues to grow even as traditional advertising revenues contract. The relatively few legal scholars who have studied embedded advertising believe that it is under-regulated. Ineffective regulation, they claim, is deeply troubling because corporations may, with legal impunity, deceptively pitch products to trusting viewers. Critics charge that embedded advertising creates "hyper-commercialism," distorts consumers' tastes, taints the artistic process, and erodes faith in public discourse.
This Article argues that the critics are wrong. Sponsorship …
Panel I: The Patent Landscape With Bilski On The Map,
2010
New York University School of Law
Panel I: The Patent Landscape With Bilski On The Map, Jeanne C. Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy
Faculty Scholarship
Welcome to the 2009 Fordham Intellectual Property, Media and Entertainment Law Journal’s Symposium titled, “Functionality: At the Crossroads of IP.” My name is Regina Schaffer-Goldman, and I am the Editor-in- Chief of the 20th Volume of the Journal, which is more affectionately known as the IPLJ.
We are so pleased to see the culmination of many months of preparation today. It is the IPLJ’s 20th Anniversary Edition, and we wanted to commemorate this occasion with a fantastic Symposium. As you will see, we have assembled a truly all-star group of legal scholars and practitioners today.
The Invention Of Common Law Play Right,
2010
University of Michigan Law School
The Invention Of Common Law Play Right, Jessica D. Litman
Articles
This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute in 1833, …
The Graduated Response,
2010
Texas A&M University School of Law
The Graduated Response, Peter K. Yu
Faculty Scholarship
In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, online service providers, and other third parties. One of the latest proposals that the industry has been exploring is the so-called “graduated response” or “three strikes” system, which threatens to suspend the service of internet users after they have received two warnings from their ISPs about potentially illegal online file-sharing activities.
In December 2008, the RIAA made a formal public announcement of its change of focus toward greater cooperation with ISPs. This new collaborative effort seeks to replace the highly unpopular lawsuits the industry has …
User-Generated Content Sites And Section 512 Of The Us Copyright Act,
2010
Columbia Law School
User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg
Faculty Scholarship
This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor are …
A 2010 Update: What Every Entertainment Lawyer Needs To Know - How To Avoid Being The Target Of A Legal Malpractice Claim Or Disciplinary Action,
2010
University of Akron School of Law
A 2010 Update: What Every Entertainment Lawyer Needs To Know - How To Avoid Being The Target Of A Legal Malpractice Claim Or Disciplinary Action, John P. Sahl
Akron Law Faculty Publications
There is significant risk today that lawyers will become the target of a disciplinary or legal malpractice action, especially given the complexity of the law and advances in technology that reduce the amount of time that lawyers have to reflect about client matters. This risk is heightened by the increased competition in the bar to deliver legal services in a cost-effective manner, the sophistication of clients who expect competent, efficient and reasonably priced services, and the litigious nature of consumers. The risk is further exacerbated by the ever-changing methods and rules for electronic communication and the storage of information. The …
