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Entertainment, Arts, and Sports Law Commons

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Full-Text Articles in Entertainment, Arts, and Sports Law

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado Jan 2019

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have ...


The Private-Sector Ecosystem Of User Data In The Digital Age, Fordhamiplj@Gmail.Com Jan 2019

The Private-Sector Ecosystem Of User Data In The Digital Age, Fordhamiplj@Gmail.Com

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bringing Swirly Music To Life: Why Copyright Law Should Adopt Patent Law Standards For Joint Authorship Of Sound Engineers, Andrew Nietes Jan 2019

Bringing Swirly Music To Life: Why Copyright Law Should Adopt Patent Law Standards For Joint Authorship Of Sound Engineers, Andrew Nietes

Fordham Intellectual Property, Media and Entertainment Law Journal

Geoff Emerick, acclaimed sound engineer for The Beatles, passed away in October of 2018. Emerick helped shape The Beatles’ sound and worked to create many of their most recognized songs, yet, under the current joint authorship standards he likely would not be considered an author of these songs. This Note details the work carried out by sound engineers in the music industry and describes how current joint authorship standards affect them. It then proposes a reinterpretation of joint authorship in the copyright to statute to ease these standards by borrowing from another area of intellectual property law.


League Ownership Of Teams, Conflicts Of Interest, And Personnel Exchanges, Lewis Kurlantzick, B.J. Pivonka Jan 2014

League Ownership Of Teams, Conflicts Of Interest, And Personnel Exchanges, Lewis Kurlantzick, B.J. Pivonka

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Unreasonable Access: Disguised Issue Advocacy And The First Amendment Status Of Broadcasters, Kerry L. Monroe Jan 2014

Unreasonable Access: Disguised Issue Advocacy And The First Amendment Status Of Broadcasters, Kerry L. Monroe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla Jan 2014

Copyright Cowboys: Bringing Online Television To The Digital Frontier, Daniela Cassorla

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi Jan 2013

Red Card: Using The National Football League’S “Rooney Rule” To Eject Race Discrimination From English Professional Soccer’S Managerial And Executive Hiring Practices, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas Jan 2013

I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Impact Of Next Generation Television On Consumers And The First Amendment, Rob Frieden Jan 2013

The Impact Of Next Generation Television On Consumers And The First Amendment, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

Consumers have access to an ever increasing inventory of video content choices as a result of technological innovations, more readily available broadband, new business plans, inexpensive high capacity storage and the Internet’s ability to serve as a single medium for a variety of previously standalone services delivered via different channels. They increasingly have little tolerance for “appointment television” that limits access to a particular time, channel and device. Access to video content is becoming a matter of using one of several software-configured interfaces capable of delivering live and recorded content anytime, anywhere, to any device and via many different ...


E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt Apr 2012

E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik Feb 2012

Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik

Fordham Intellectual Property, Media and Entertainment Law Journal

The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection ...


Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans Jul 2011

Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently ...


Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black Apr 2011

Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi Apr 2011

Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini Jan 2011

Of Hitler And Camille Pissarro: Jurisdiction In Nazi Art Expropriation Cases Under The Foreign Sovereign Immunity Act, Elnaz Zarrini

Fordham Journal of Corporate & Financial Law

In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws.1 The true purpose of the arrest was to seize Westfield’s art collection for private resale, “a typical practice of the Nazi government.”2 On December 12 and 13 of the following year, a portion of Westfield’s art collection was seized and auctioned off through an order of the District Attorney’s Office Dusseldorf.3 In 1943, three years after Westfield was fined for the alleged violation and later sent ...


The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos Dec 2010

The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder Dec 2010

Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman Dec 2010

The Deidentification Dilemma: A Legislative And Contractual Proposal, Robert Gellman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow Dec 2010

Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke Dec 2010

Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Sobering Conflict: The Call For Consistency In The Message Colleges Send About Alcohol, Marc Edelman, David Rosenthal Jun 2010

A Sobering Conflict: The Call For Consistency In The Message Colleges Send About Alcohol, Marc Edelman, David Rosenthal

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Trips Agreement: Helping Or Hurting Least Developed Countries’ Access To Essential Pharmaceuticals?, Marla L. Mellino Jun 2010

The Trips Agreement: Helping Or Hurting Least Developed Countries’ Access To Essential Pharmaceuticals?, Marla L. Mellino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Breaking Aro's Commandment: Recognizing That Inventions Have Heart, Bernard Chao Jun 2010

Breaking Aro's Commandment: Recognizing That Inventions Have Heart, Bernard Chao

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Lecture: Innovation, Incentives, Competition, And Patent Law Reform: Should Congress Fix The Patent Office And Leave Litigation Management To The Courts?, Paul Michel Jun 2010

Lecture: Innovation, Incentives, Competition, And Patent Law Reform: Should Congress Fix The Patent Office And Leave Litigation Management To The Courts?, Paul Michel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos Jun 2010

The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent Jun 2010

Fumbling Away The Season: Will The Expiration Of The Nfl-Nflpa Cba Result In The Loss Of The 2011 Season?, Jeffrey F. Levine, Bram A. Maravent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman Jun 2010

Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson Jun 2010

Of Cameras And Courtrooms, Alex Kozinski, Robert Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin Mar 2010

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy Mar 2010

Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.