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Entertainment, Arts, and Sports Law Commons

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2009

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Articles 1 - 30 of 142

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

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon Dec 2009

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt Dec 2009

I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha Dec 2009

The Riaa’S Troubling Solution To File- Sharing , Genan Zilkha

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano Dec 2009

Million Dollar Baby: Celebrity Baby Pictures And The Right Of Publicity , Natalie Grano

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley Dec 2009

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Evolution Of Copyright Law In The Arts, Kevin Liftig Dec 2009

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made ...


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim of the « Citizen Constitution » to ...


Money As A Thumb On The Constitutional Scale: Weighing Speech Against Publicity Rights, Diane Leenheer Zimmerman Nov 2009

Money As A Thumb On The Constitutional Scale: Weighing Speech Against Publicity Rights, Diane Leenheer Zimmerman

Boston College Law Review

When courts in right of publicity cases deal with claims against defendants arising outside the context of commercial advertising but involving what judges nonetheless deem to be commercial uses, the typical approach is to “balance” a defendant’s right of free speech (that is, her right to use information legitimately in her possession) against a plaintiff’s exclusive right to control commercial uses of her persona. Considerable variation exists among the tests used to determine when a use is “commercial” rather than purely expressive, but if the defendant has crossed the line drawn by a given jurisdiction, then her constitutional ...


Sports, Inc. Volume 2, Issue 1, Ilr Cornell Sports Business Society Oct 2009

Sports, Inc. Volume 2, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


El Contrato De Merchandising, Jose R. Nina Oct 2009

El Contrato De Merchandising, Jose R. Nina

Jose R. Nina Cuentas

El panorama en el que se desenvuelve el presente trabajo parte de atender al refinamiento de una practica comercial que busca promocionar la identificación y venta de bienes y servicios en una economía de mercado, en la cual se incentiva la habilidad y el ingenio de quienes saben hacerse de los mejores recursos, dentro de los marcos legales permitidos, para posicionarse por encima de sus competidores en el mercado.


The Death Of Law: A Cinematic Vision, Lance Mcmillian Oct 2009

The Death Of Law: A Cinematic Vision, Lance Mcmillian

University of Arkansas at Little Rock Law Review

No abstract provided.


Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack Oct 2009

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas Oct 2009

“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher Oct 2009

The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips Oct 2009

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the ...


From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel Oct 2009

From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg Oct 2009

Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox Oct 2009

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney Sep 2009

Fighting For Respect: Mma's Struggle For Acceptance And How The Muhammad Ali Act Would Give It A Sporting Chance, Geoff Varney

West Virginia Law Review

No abstract provided.


Anti-Doping Suspensions And Restraint Of Trade In Sport, Annette Greenhow Aug 2009

Anti-Doping Suspensions And Restraint Of Trade In Sport, Annette Greenhow

Annette Greenhow

The regulator of doping in sport seeks to preserve the spirit of sport and act as the paternalistic protector of the sports participant. But sanctions originally designed to stop drug cheats using artificial performance enhancers in Olympic competition have expanded to cover the use of recreational drugs. There is emerging support for the view that the penalty must fit the crime and that governing bodies must ensure that their legitimate interests outweigh the detriment to the athlete. With doping sanctions imposed for the use of recreational drugs, a restraint of trade claim has prospects of success on the basis of ...


Competencia Desleal En La Modalidad De Ambush Marketing: ¿Realmente Debe Preocuparnos?, Gustavo M. Rodríguez García Aug 2009

Competencia Desleal En La Modalidad De Ambush Marketing: ¿Realmente Debe Preocuparnos?, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

Ambush marketing is calling for the attention of specialists around the world because of recent legal proposals in order to regulate this practice. In Peru, unfair competition law may be the way to respond to ambush marketing. However, is it really a problem that law should solve? or is it just the natural reaction of competitors in the market? is it unfair o simply agressive competition?


Lottery Tickets Sold After The Featured Prize Is Claimed: Will The Courts Force The Practice To Be Stopped?, Darren Prum Aug 2009

Lottery Tickets Sold After The Featured Prize Is Claimed: Will The Courts Force The Practice To Be Stopped?, Darren Prum

Darren A. Prum

No abstract provided.


Las Obligaciones Negociables Convertibles En Acciones, Gaston Mirkin Jul 2009

Las Obligaciones Negociables Convertibles En Acciones, Gaston Mirkin

Gaston Mirkin

No abstract provided.


Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz Jul 2009

Mixed Signals: How Mixtapes Have Blurred The Changing Legal Landscape In The Music Industry, Meredith L. Schantz

University of Miami Business Law Review

No abstract provided.


Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2009

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"


Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen Jun 2009

Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen

Duke Law Student Papers Series

Art deaccessions prompt lawsuits against museums, and some commentators advocate using the stricter trust standard of care, instead of the prevailing corporate standard (business judgment rule), to evaluate the conduct of non‑profit museum boards. This Article explores the consequences of adopting the trust standard by applying it to previously unavailable deaccession policies of prominent art museums. It finds that so long as museum boards adhere to these policies, their decisions would satisfy the trust standard. This outcome illustrates an important limitation of fiduciary law: the trust standard evaluates procedural care but cannot assess deaccessions on their merits. Yet this ...


Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman Jun 2009

Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman

Federal Communications Law Journal

The Internet has dramatically changed the methods by which people purchase tickets to events. In the past decade, the secondary ticket market has grown exponentially, and today the online ticket resale industry is valued at approximately $4 billion. Although there are consumer benefits to this industry growth, some of the industry practices have precipitated a consumer backlash. This was typified in 2007 when many parents, hoping to purchase tickets to the Hannah Montana "Best of Both Worlds Tour," watched as tickets sold out online in only a few minutes or less. Coupled with this episode was the Ticketmaster v. RMG ...


The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy Jun 2009

The Increasing Relevance Of Copyright Statutory Damages: Some Brief Digressions Upon Capitol Records V. Thomas, Sherwin Siy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager Jun 2009

Panel Iii: Trademark Dilution And Its Effects On The Marks Of Big And Small Business, Hugh C. Hansen, Barton Beebe, Dennis Mccooe, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard Jun 2009

The Udrp, Adr, And Arbitration: Using Proven Solutions To Address Perceived Problems With The Udrp, Elizabeth C. Woodard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.