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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 10 of 10

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

Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum Apr 2018

Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum

The University of Cincinnati Intellectual Property and Computer Law Journal

This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues ...


Fans Of The World, Unite!: A (Capitalist) Manifesto For Sports Consumers, Stephen Ross, Stefan Szymanski Jan 2016

Fans Of The World, Unite!: A (Capitalist) Manifesto For Sports Consumers, Stephen Ross, Stefan Szymanski

Stephen F Ross

This book is a clarion call to sports fans. It proposes a significant restructuring of sports leagues. The book sets out a rational program for a revolution that will serve the best interests of the fans and of the sport itself. But the book is not Marxist: it shows how a revolution in the organization of sports might even benefit the owners. By harnassing the power of markets, sports leagues can be made both responsive to the needs of the fans and more efficient. Many years were spent before this book was written evaluating the ways in which leagues work ...


Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin Jan 2013

Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin

Maxim Tsotsorin

Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a broad ...


Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis Nov 2012

Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Taxation Of Non-Resident Entertainers And Sportsmen: The United Kingdom's Definition Of Performance Income And How It Ought To Be Measured, Alan Simpson Jan 2012

Taxation Of Non-Resident Entertainers And Sportsmen: The United Kingdom's Definition Of Performance Income And How It Ought To Be Measured, Alan Simpson

Washington University Global Studies Law Review

This Note analyzes the U.K. approach to taxation of income earned for U.K. performances by foreign entertainers and athletes and agrees that the country of performance is the dispositive factor in determining which country is entitled to collect income tax on the endorsement income attributable to the performance. In Part II, this Note discusses the background of the relevant U.K. tax law. It reviews the U.K. court decisions in Agassi v. Robinson that led to the taxation of non-resident entertainers and athletes on endorsement contracts with companies that have no tax presence in the United Kingdom ...


Upper-Level Courses: Three Exemplars, Eric J. Gouvin, Mark Fagan, Tamar Frankel, Kathy Z. Heller Jan 2011

Upper-Level Courses: Three Exemplars, Eric J. Gouvin, Mark Fagan, Tamar Frankel, Kathy Z. Heller

Faculty Scholarship

This Article presents three exemplars of upper-level law school classes, and is divided into three parts. Part I discusses "Securitization and Asset-Backed Securities"; Part II discusses "Using Transactions to Teach Secured Transactions"; and Part III discusses "Teaching Deals Through a Focus on the Entertainment Industry."


The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone Jan 2010

The Reverse-Morals Clause: The Unique Way To Save Talent's Reputation And Money In A New Era Of Corporate Crimes And Scandals, Porcher L. Taylor Iii, Fernando M. Pinguelo, Timothy D. Cedrone

School of Professional and Continuing Studies Faculty Publications

This article sails into the largely unchartered waters of reverse-morals clauses because, to our knowledge, there are no law review or law journal articles that substantially address this still nascent area of law.25 Similarly, our research has not revealed any state or federal cases involving reverse-morals clauses.26 Nor has an actual talent contract containing such a clause been publicly revealed, either in terms of language or the identification of the parties to such a clause,27 although reportedly "an increasingly larger number" of talent are now asking for reverse-morals clauses in the wake of the Enron fallout and ...


Entertainment Law In The State Of Wisconsin, Paul M. Anderson Jan 2007

Entertainment Law In The State Of Wisconsin, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien Mar 2003

Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


All The World's Not A Stooge: The Transformativeness Test For Analyzing A First Amendment Defense To A Right Of Publicity Claim Against Distribution Of A Work Of Art, Jay Dougherty Dec 2002

All The World's Not A Stooge: The Transformativeness Test For Analyzing A First Amendment Defense To A Right Of Publicity Claim Against Distribution Of A Work Of Art, Jay Dougherty

Jay Dougherty

This article is a thorough review of First Amendment law in relation to the right of publicity. It criticizes the so-called "transformativeness test" developed in California as a mechanism to balance rights of publicity and freedom of speech and expression.