Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 39 (2020-21),
2021
Yeshiva University, Cardozo School of Law
Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 39 (2020-21)
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 1,
2021
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 1
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 2,
2021
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 2
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Faster Fashion: The Piracy Paradox And Its Perils,
2021
UCLA Law School
Faster Fashion: The Piracy Paradox And Its Perils, Kal Raustiala, Christopher Jon Sprigman
Cardozo Arts & Entertainment Law Journal
The article introduces the "piracy paradox," arguing that the fashion industry's ability to thrive despite widespread copying is due to the freedom to copy, which accelerates the fashion cycle and drives creativity. It challenges the conventional view that intellectual property rights are essential for innovation. The authors also address critiques of fast fashion's environmental, labor, and social impacts, suggesting these issues are not unique to fashion and should be resolved through broader policies rather than intellectual property law.
The Piracy Paradox And Indigenous Fashion,
2021
Duquesne University School of Law
The Piracy Paradox And Indigenous Fashion, Aman K. Gebru
Cardozo Arts & Entertainment Law Journal
The conventional justification of intellectual property laws is that recognizing exclusive rights is indispensable for encouraging creativity. The Piracy Paradox challenged this assumption by providing strong evidence of the fashion industry's robust creativity in the face of widespread copying of designs, thereby suggesting that some types of creativity may not need exclusive rights. This Article examines the applicability of the piracy paradox in the context of non-Western cultures. It categorizes indigenous fashion as those open to commercialization and those closed to it. With some important caveats, this Article suggests the piracy paradox may apply to indigenous fashion that is open …
Fashion Forward: Fashion Innovation In The Era Of Disruption,
2021
Loza & Loza, LLP
Fashion Forward: Fashion Innovation In The Era Of Disruption, Francesca M. Witzburg
Cardozo Arts & Entertainment Law Journal
The fashion industry, a significant global economic and cultural force, faces disruption from fast fashion and digital acceleration, challenging traditional legal protections. While the U.S. offers limited intellectual property (IP) safeguards for fashion designs compared to the European Union, the industry's rapid evolution suggests that innovation through new business models, rather than stricter IP laws, may be the key to future success.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 3,
2021
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 3
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Opening Remarks,
2021
Benjamin N. Cardozo School of Law
Opening Remarks, Anna Antonova, Michael Burstein
Cardozo Arts & Entertainment Law Journal
The article celebrates the 75th anniversary of the Lanham Act, reflecting on its enduring influence on trademark law while addressing its evolution in response to new legal and technological challenges. It highlights the symposium's exploration of the Act's history, its adaptation to modern issues such as internet-related disputes and First Amendment concerns, and its continued relevance in shaping intellectual property law. The piece also underscores the role of the Cardozo Arts & Entertainment Law Journal as a leading platform for scholarly discourse in intellectual property and related fields.
Keynote Address,
2021
University of Michigan Law School
Keynote Address, Jessica Litman
Cardozo Arts & Entertainment Law Journal
The article explores the significant yet underappreciated role of Edward S. Rogers in shaping U.S. trademark law, particularly through his drafting of the Lanham Act. It argues that Rogers' deep involvement in the law's creation embedded a use-based, common law foundation that has proven durable but increasingly problematic in modern commerce. Despite Rogers' later evolution in thinking, his early drafting choices, influenced by historical legal frameworks, continue to shape the statute's quirks and limitations.
Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right,
2021
World Intellectual Property Organization
Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao
Cardozo Arts & Entertainment Law Journal
Visual artists in countries that do not recognize the artist's resale right are at an economic disadvantage, while some countries that recognize the right experience practical difficulties in identifying and tracking resales that are subject to royalty payments for artists. As blockchain technology becomes increasingly applied to the creative industries, the full extent of its potential in enforcing droit de suite by improving the traceability of physical artwork has yet to be realized. Blockchain can be an effective mechanism for enforcing the artist's resale right as an alternative to collective management organizations. Through an analysis of the ability of blockchain …
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem,
2021
Boston University School of Law
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
Cardozo Arts & Entertainment Law Journal
Fifteen years after The Piracy Paradox explained how most anticopying protection is unnecessary for a thriving fashion industry, we face another piracy paradox: with broader and stronger IP laws and a digital economy in which IP enforcement is more draconian than ever, what explains the ubiquity of everyday copying, sharing, re-making, and re-mixing practices that are the lifeblood of the Internet's expressive and innovative ecosystems? Drawing on empirical data from a decade of research, this short essay provides two examples ofthis "new piracy paradox ": a legal regime that ostensibly punishes piracy in a culture in which it is unavoidable. …
Panel 1: The Scope And Strength Of Trademark Law,
2021
Debevoise & Plimpton LLP
Panel 1: The Scope And Strength Of Trademark Law, Megan K. Bannigan, Leah Chan Grinvald, Theodore H. Davis Jr., Mark P. Mckenna, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article examines the evolution and effectiveness of the Lanham Act, focusing on its impact on trademark law. It discusses how the Act's original goals, such as providing notice of trademark rights and ensuring uniformity in a national commerce context, have been partially met due to the lack of mandatory registration and judicial interpretations that have expanded trademark protections beyond initial intentions. The panelists highlight the tension between the procedural nature of the Act and the substantive changes introduced by courts, leading to both underenforcement and overenforcement issues.
Peace Of Play: For Labor Harmony, Baseball Needs Antitrust Exemption To Go And Salary Cap To Stay,
2021
Benjamin N. Cardozo School of Law
Peace Of Play: For Labor Harmony, Baseball Needs Antitrust Exemption To Go And Salary Cap To Stay, Joshua Burton
Cardozo Arts & Entertainment Law Journal
The note argues that Major League Baseball (MLB) can address its labor disputes, competitive imbalances, and economic challenges by revoking its antiquated antitrust exemption and implementing a salary cap and floor system. These reforms would promote fairness, incentivize competitive spending, and prevent future work stoppages, aligning MLB's economic structure with other major sports leagues.
When Broader Is Better: Interpreting The Computer Fraud And Abuse Act When Employees Exceed Authorization To Access Data,
2021
Benjamin N. Cardozo School of Law
When Broader Is Better: Interpreting The Computer Fraud And Abuse Act When Employees Exceed Authorization To Access Data, Daniel J. Cohen
Cardozo Arts & Entertainment Law Journal
The note advocates for a broader interpretation of the phrase "exceeds authorized access" under the Computer Fraud and Abuse Act (CFAA). It argues that this interpretation should encompass both accessing information without authorization and misusing information that was initially authorized. The author contends that this broader view aligns with Congress's intent to prevent the misuse of computer systems, ensuring the CFAA remains an effective tool against computer crimes.
"If You Can Afford Me": Reconceptualizing Expert Testimony Offered To Calculate Music Copyright Damages,
2021
Benjamin N. Cardozo School of Law
"If You Can Afford Me": Reconceptualizing Expert Testimony Offered To Calculate Music Copyright Damages, Amanda Inglesh
Cardozo Arts & Entertainment Law Journal
The note argues that expert testimony in music copyright infringement cases often leads to unreliable damages calculations and undue prejudice, undermining the fairness and balance intended by copyright law. It advocates for stricter evidentiary standards and the use of neutral, court-appointed experts to address these issues and ensure that damages awards align with the purpose of copyright law, which is to compensate creators without stifling artistic creativity.
Entertainment Consolidation, Content Monopolies, And The Future Of Information,
2021
Benjamin N. Cardozo School of Law
Entertainment Consolidation, Content Monopolies, And The Future Of Information, Emily Faro
Cardozo Arts & Entertainment Law Journal
The acquisition of 21st Century Fox by The Walt Disney Company has raised significant antitrust concerns, as it exemplifies the challenges of modern media consolidation. This horizontal merger has substantially increased Disney's market power, particularly in the entertainment industry, leading to potential anticompetitive effects. The note argues that current U.S. antitrust laws, primarily designed to address historical monopolies, are inadequate in handling the complexities of contemporary media mergers, which often involve both horizontal and vertical integration. The analysis emphasizes the need for updated legal frameworks to consider the broader, long-term impacts of such mergers on competition and innovation.
The Fourth Amendment At The Border,
2021
Benjamin N. Cardozo School of Law
The Fourth Amendment At The Border, Daniel Farrell
Cardozo Arts & Entertainment Law Journal
The note addresses the tension between the Fourth Amendment protections against unreasonable searches and the border search exception, focusing on electronic devices. It argues that despite the border exception, which allows warrantless searches, electronic devices should be treated differently due to the vast personal data they contain. The author advocates for a uniform standard requiring probable cause for invasive searches of electronic devices at the border to balance privacy rights with national security concerns.
The Secrets Behind Reality Television Shows And Their Unconscionable Contracts,
2021
Benjamin N. Cardozo School of Law
The Secrets Behind Reality Television Shows And Their Unconscionable Contracts, Stephanie Rimberg
Cardozo Arts & Entertainment Law Journal
The note argues that reality television show contracts are often unconscionable due to the significant imbalance of power between producers and participants. These contracts frequently classify participants as independent contractors, despite their integral role in the show, and include provisions that are procedurally and substantively unfair, such as disclaimers of liability and arbitration clauses. The author contends that these contracts violate California contract law and public policy, advocating for participants to be reclassified as employees and for contracts to be amended to protect their rights.
Extraterritorial Damages In Patent Law,
2021
University of Minnesota Law School
Extraterritorial Damages In Patent Law, Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
In 2018, the Supreme Court in WesternGeco LLC v. ION Geophysical Corp. held that the owner of a U.S. patent could recover its lost profit on sales it would have made outside the United States, but for the defendant's violation of 35 U.S.C. § 271()(2) a rarely used provision of the Patent Act that prohibits, subject to certain conditions, the export of patented components for combination abroad. The Court left open the question of whether owners also can recover extraterritorial damages resulting from the (much more common) setting in which the defendant is accused of an initial act of making, …
Inside The Bellotti Court,
2021
University of Georgia
Inside The Bellotti Court, William E. Lee
Cardozo Arts & Entertainment Law Journal
The article examines the legal and historical connections between the Supreme Court's decisions in Bellotti v. Federal Communications Commission and Citizens United v. Federal Election Commission, emphasizing how Bellotti laid the groundwork for Citizens United. It argues that Justice Powell's opinion in Bellotti was pivotal in establishing that corporations have First Amendment rights to engage in political speech, a principle later expanded in Citizens United. The article critiques the narrative that Powell solely favored corporate interests, highlighting his broader concerns about government overreach in regulating speech. It also explores the implications of these rulings on campaign finance …
