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

Incidental Intellectual Property, Brian L. Frye Jun 2017

Incidental Intellectual Property, Brian L. Frye

Brian L. Frye

As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.

Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies ...


Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams Jan 2016

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as ...


The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze Dec 2015

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Maryna Koberidze

This Article analyzes seventeen years under the Digital Millennium Copyright Act (“DMCA”) rulemaking mechanism and suggests changes to reinforce its successes while remedying its failures. Part I briefly discusses the legislative history of the rulemaking mechanism and policy justifications for its adoption within the DMCA scheme. Part II reviews legal and evidentiary standards of the rulemaking and recent changes to its administrative procedure. Part III provides an overview of the prior rulemakings and their impact on non-infringing uses, with a particular focus on the “e-book” and “cellphone unlocking” exemptions. Part IV applauds the Breaking Down Barriers to Innovation Act of ...


Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter Mar 2015

Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter

Megan M Carpenter

This project is an empirical analysis of trademarks that have received rejections based on the judgment that they are “scandalous." It is the first of its kind. The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act generally, this piece is the first scholarly project that engages an empirical analysis of 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. We study which marks are being rejected, what evidence ...


Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg Dec 2014

Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg

Harold R. Weinberg

The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual ...


Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq. Nov 2012

Changing Places: A New Role For Creators In The Digital World, Rodolfo C. Rivas Rea Esq., Maria Alejandra Lopez Garcia Esq.

Rodolfo C. Rivas

The authors provide a brief overview of the author’s role in exploiting their creations and how new technologies have made authors and publishers explore new business models. In the article, the authors take a look at the innovative business models implemented by J.K. Rowling, Stephen King, Radiohead and Frank Ocean amongst others./////////////////////////////////////////////////// Los autores proporcionan una breve descripción de la función del autor en la explotación de sus creaciones y cómo las nuevas tecnologías han obligado a los autores y editores explorar nuevos modelos de negocio. En el artículo, los autores echan un vistazo a los modelos de ...


Imagining The Law, Christine Farley Oct 2012

Imagining The Law, Christine Farley

Christine Haight Farley

Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for ...


Copyright Liability For The Playing Of 'Music On Hold': Telstra Corporation Ltd V Australasian Performing Right Association Ltd, William Van Caenegem Jan 2010

Copyright Liability For The Playing Of 'Music On Hold': Telstra Corporation Ltd V Australasian Performing Right Association Ltd, William Van Caenegem

William Van Caenegem

Extract: This is a test case brought by the Australasian Performing Rights Association (APRA), the assignee of copyright in musical and literary works for the purpose of the public performance rights (both live and mechanical), the right of transmission to subscribers to a diffusion service (the diffusion right) and the broadcast right. The question to be determined is whether Telstra (or Telecom as it was called at the outset of proceedings) by providing certain music on hold services, is liable to APRA because of a breach of their diffusion and/or broadcast rights under the Copyright Act 1968 (Cth). APRA ...


Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo Dec 2009

Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide: Introduction, Michael R. Dimino, Tonya M. Evans-Walls, Nicole M. Santo

Michael R Dimino

The Widener Law Journal has assembled a dynamic and diverse group of preeminent legal scholars to evaluate and discuss the many engaging, perplexing, and unanswered legal and ethical questions presented by Internet expression. These scholars have focused on two primary topics: (1) issues of constitutional law and criminal procedure that arise with Internet expression, including whether the Internet has increased concerns about invasions of other persons' rights and what regulations are necessary to protect privacy rights; (2) the intersection of Internet expression and property law, including issues of ownership, protectable interests,
and fair use in the realm of intellectual property ...


Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse Dec 2008

Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse

Deborah Brightman Morse

Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection ...