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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 18 of 18

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

Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher Jan 2017

Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher

Marquette Intellectual Property Law Review

This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by ...


Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law Oct 2016

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel Jul 2014

Breaking Bad: An Examination Of The Ncaa's Investigation Practices Over The Last Forty Years, Ryan Appel

University of Miami Business Law Review

No abstract provided.


Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr. Jan 2013

Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.

Pepperdine Law Review

No abstract provided.


Visual Jurisprudence, Richard Sherwin Jan 2013

Visual Jurisprudence, Richard Sherwin

Articles & Chapters

Lawyers, judges, and jurors face a vast array of visual evidence and visual argument inside the contemporary courtroom. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself ...


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.


Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim Apr 2012

Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim

Pepperdine Dispute Resolution Law Journal

Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting ...


Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero Mar 2012

Copyright Arbitration Royalty Panels And The Webcasting Controversy: The Antithesis Of Good Alternative Dispute Resolution, Jeremy Delibero

Pepperdine Dispute Resolution Law Journal

Music is becoming increasingly synonymous with big business and corporate influence. The advent of Internet radio and streaming webcasts are simply one example of this shift. Organizations such as the Radio Industry Association of America ("RIAA") have discovered a new way to receive royalties from the performance of musical works, and have fought vigorously to obtain favorable rates to achieve the maximum profit. On the other hand, small webcasters have fought equally hard to avoid these large rates. Although arguments for each side are equally persuasive, neither is persuasive enough to force a compromise. In attempting to solve these disputes ...


Common Issues In International Sports Arbitration, Jeffrey Benz Feb 2012

Common Issues In International Sports Arbitration, Jeffrey Benz

Pepperdine Dispute Resolution Law Journal

Jeffrey Benz discusses his experience as a Court of Arbtration for Sport (CAS) Arbitrator and former US Olympic Committee General Counsel.


Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer Jan 2012

Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer

Jeffrey S. Moorad Sports Law Journal

The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.


What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan Jan 2006

What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan

Marquette Sports Law Review

No abstract provided.


Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer Sep 2005

Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer

ExpressO

No abstract provided.


The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell Jan 2005

The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell

Marquette Sports Law Review

No abstract provided.


Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay Jan 2005

Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay

Marquette Sports Law Review

No abstract provided.


Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker Jan 2005

Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker

Marquette Sports Law Review

No abstract provided.


Is Notice Required In A Title Ix Athletics Action Not Involving Sexual Harassment? , Diane Heckman Jan 2003

Is Notice Required In A Title Ix Athletics Action Not Involving Sexual Harassment? , Diane Heckman

Marquette Sports Law Review

No abstract provided.


Baseball Spectators' Assumption Of Risk: Is It "Fair" Or "Foul"?, Gil Fried, Robin Ammon Jr. Jan 2002

Baseball Spectators' Assumption Of Risk: Is It "Fair" Or "Foul"?, Gil Fried, Robin Ammon Jr.

Marquette Sports Law Review

No abstract provided.


A Historical Review Of Litigation In Baseball, Richard L. Irwin Jun 1991

A Historical Review Of Litigation In Baseball, Richard L. Irwin

Marquette Sports Law Review

No abstract provided.