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Entertainment, Arts, and Sports Law Commons

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2016

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Articles 1 - 30 of 234

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

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler Dec 2016

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler

Duke Law & Technology Review

Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about ...


Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn Dec 2016

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question ...


Free Speech & Disparaging Trademarks, Ned Snow Nov 2016

Free Speech & Disparaging Trademarks, Ned Snow

Boston College Law Review

Speech law has silenced trademark. In In re Tam, the Federal Circuit ruled that the First Amendment requires Congress to grant trademark protection for disparaging speech. More specifically, the Federal Circuit held unconstitutional the provision of the Federal Lanham Act that denies trademark protection for marks that disparage. The Federal Circuit’s ruling, however, is not the final word on the issue. The Supreme Court has agreed to hear the Tam case. This Article argues against the Federal Circuit decision. As illustrated by the five different opinions from the en banc panel, the complexities of speech law easily lead to ...


Trending @ Rwu Law: David Logan's Post: Students Go Head-To-Head With Faculty And Alums In Jeopardy! 11-9-2016, David Logan Nov 2016

Trending @ Rwu Law: David Logan's Post: Students Go Head-To-Head With Faculty And Alums In Jeopardy! 11-9-2016, David Logan

Law School Blogs

No abstract provided.


Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru Nov 2016

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

N. Jeremi Duru

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores the consequences unique to employment discrimination in the race-considered roster construction context. Part III examines the applicability of Title VII doctrine to race-considered roster construction, exploring the factors ...


Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll Nov 2016

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll

Michael W. Carroll

No abstract provided.


Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder Nov 2016

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

David Snyder

No abstract provided.


Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato Nov 2016

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.


I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition Nov 2016

I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition

Journal of Intellectual Property Law

The Future of Music Coalition (FMC) has provided a voice in Washington, D.C. for musicians since 2000. One of our principal beliefs is that creation, both artistic and technological, is valuable and that artists deserve to be compensated for their work. The amount of this compensation and the mechanisms to facilitate payment are, of course, subject to contracts, market value, and other factors, some experimental or technological in nature. FMC also believes that music fans should be able to lawfully access the music they want without undue barriers or restrictions. Needless to say, finding the appropriate balance between creators ...


The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm Nov 2016

The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm

Journal of Intellectual Property Law

No abstract provided.


Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz Nov 2016

Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz

Journal of Intellectual Property Law

No abstract provided.


The Promise And Peril Of Collective Listening, Whitney Broussard Nov 2016

The Promise And Peril Of Collective Listening, Whitney Broussard

Journal of Intellectual Property Law

No abstract provided.


Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott Nov 2016

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila Nov 2016

Exclusive Groove: How Modern Substantial Similarity Law Invites Attenuated Infringement Claims At The Expense Of Innovation And Sustainability In The Music Industry, Mark Kuivila

University of Miami Law Review

As of 2015, the American entertainment market was worth about $600 billion, and it is projected to substantially exceed that figure in coming years. The global entertainment industry is worth about $2 trillion, meaning the U.S. is responsible for over a quarter of total global entertainment revenue. These statistics illustrate the staggering impact of the American entertainment industry on the global markets for film, television, and music. The American music industry is particularly dominant in its global market, earning half of world-wide sync revenues and accounting for nearly a third of all global music revenue. Entertainment is clearly the ...


140 Characters Or Less: A Look At Morals Clauses In Athlete Endorsement Agreements, Lauren Rosenbaum Oct 2016

140 Characters Or Less: A Look At Morals Clauses In Athlete Endorsement Agreements, Lauren Rosenbaum

DePaul Journal of Sports Law

No abstract provided.


From The Octagon To The Courtroom: The Right To Fight, Subaltern, Cosmopolitanism, And Public Interest Litigation As A Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross Oct 2016

From The Octagon To The Courtroom: The Right To Fight, Subaltern, Cosmopolitanism, And Public Interest Litigation As A Tool For Mixed Martial Arts As A Community/Cultural Normative System, Sara Gwendolyn Ross

DePaul Journal of Sports Law

No abstract provided.


The No-Fantasy League: Why The National Football League Should Ban Its Players From Managing Personal Fantasy Football Teams, Michael B. Engle Oct 2016

The No-Fantasy League: Why The National Football League Should Ban Its Players From Managing Personal Fantasy Football Teams, Michael B. Engle

DePaul Journal of Sports Law

No abstract provided.


Running With The Law: Copyright And Trademark Issues Every Race Director Must Consider, John Carl Zwisler Oct 2016

Running With The Law: Copyright And Trademark Issues Every Race Director Must Consider, John Carl Zwisler

DePaul Journal of Sports Law

No abstract provided.


Northwestern's Football Players: Unified Team Or Unionized Regime? An Analysis On The Collective Bargaining Rights Of Student-Athletes, Kassie Lee Richbourg Oct 2016

Northwestern's Football Players: Unified Team Or Unionized Regime? An Analysis On The Collective Bargaining Rights Of Student-Athletes, Kassie Lee Richbourg

DePaul Journal of Sports Law

No abstract provided.


Table Of Contents Oct 2016

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.


A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry Oct 2016

A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry

Journal of Intellectual Property Law

No abstract provided.


Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen Oct 2016

Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen

Journal of Intellectual Property Law

No abstract provided.


A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez Oct 2016

A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez

Journal of Intellectual Property Law

No abstract provided.


Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey Oct 2016

Conservation Force Et Al. V. Delta Air Lines: The Legality Of An Airline Ban On Big Game Hunting Trophies, Daniel Spivey

DePaul Journal of Sports Law

No abstract provided.


Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos Oct 2016

Fraudduel And Draftkrooks: Chance Or Skill?, Erica M. Boos

DePaul Journal of Sports Law

No abstract provided.


Picking Up The Flag? The University Of Missouri Football Team And Whether Intercollegiate Student-Athletes May Be Penalized For Exercising Their First Amendment Rights, James Hefferan Oct 2016

Picking Up The Flag? The University Of Missouri Football Team And Whether Intercollegiate Student-Athletes May Be Penalized For Exercising Their First Amendment Rights, James Hefferan

DePaul Journal of Sports Law

No abstract provided.


Consent In Sports & Recreational Activities: Using Contract Law Terminology To Clarify Tort Principles, Russ Versteeg Oct 2016

Consent In Sports & Recreational Activities: Using Contract Law Terminology To Clarify Tort Principles, Russ Versteeg

DePaul Journal of Sports Law

No abstract provided.


Table Of Contents Oct 2016

Table Of Contents

DePaul Journal of Sports Law

No abstract provided.


Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick Oct 2016

Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick

Journal of Intellectual Property Law

No abstract provided.


Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog Oct 2016

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Neal Hartzog

Journal of Intellectual Property Law

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection ...