Entertainment
Law Reporter
September 2005 Volume 27 Number 3
In the Law Reviews:
Entertainment, Publishing and the Arts Handbook 2005-2006 Edition, edited by Robert Thorne and published by Thomson West, has been issued with the following articles:
Trademark Licensor Liability for Licensee Products by Lisa J. Peterson, 2005-2006 Entertainment, Publishing and the Arts Handbook 3 (2005) (for publisher, see above)
Emerging Threats: Digital Music Players, Pen Drive & Web-Based E-mail by Zack Zeiler, 2005-2006 Entertainment, Publishing and the Arts Handbook 31 (2005) (for publisher, see above)
The Next Big Threat: Mobile and Smart Phones by Zack Zeiler, 2005-2006 Entertainment, Publishing and the Arts Handbook 37 (2005) (for publisher, see above)
Emerging Threats: WiFi & Digital Music Players by Zack Zeiler, 2005-2006 Entertainment, Publishing and the Arts Handbook 45 (2005) (for publisher, see above)
Using Pre-Tax Money in Retirement Accounts to Purchase Survivorship Life Insurance (SLI) by Maurice R. Kassimir and Robert A. Spielman, 2005-2006 Entertainment, Publishing and the Arts Handbook 53 (2005) (for publisher, see above)
Frankenstein Rule: ICANN, Free Speech, and Potholes on the Path to Involuntary “e-Government” by Grace Davies, 2005-2006 Entertainment, Publishing and the Arts Handbook 65 (2005) (for publisher, see above)
United States v. American Library Association: How Congress Tried to Ban Porn from Libraries, but Got Rid of Humpback Whales Instead by Silvia J. Esparza, J.D., 2005-2006 Entertainment, Publishing and the Arts Handbook 85 (2005) (for publisher, see above)
Webcams in Jail: A Violation of Privacy and Due Process by Neha Mehta, 2005-2006 Entertainment, Publishing and the Arts Handbook 111 (2005) (for publisher, see above)
Taking a Glance at New Media Deals in the Music Industry by Dina LaPolt, 2005-2006 Entertainment, Publishing and the Arts Handbook 137 (20050 (for publisher, see above)
The Fear Causing Commission and Its Reign of Terror: Examining the Constitutionality of the FCC’s Authority to Regulate Speech Under the First Amendment by Shilpa Mathew, 2005-2006 Entertainment, Publishing and the Arts Handbook 147 (2005) (for publisher, see above)
Artist Management Contracts and Related Issues by Kent Newsome, 2005-2006 Entertainment, Publishing and the Arts Handbook 177 (2005) (for publisher, see above)
Don’t Strap Your Hands on My Engines: Who Should Own the Video Game Software Tools & Game Engine? by Alan J. Haus, 2005-2006 Entertainment, Publishing and the Arts Handbook 203 (2005) (for publisher, see above)
The Economics of Developing and Maintaining an Entertainment Law Practice by Kenneth J. Abdo, Esq., 2005-2006 Entertainment, Publishing and the Arts Handbook 215 (2005) (for publisher, see above)
What Some Celebrities Consider No Big Deal Can Be the Biggest Deal They Will Ever Sign by Robert J. Nachshin and Scott N. Weston, Certified Family Law Specialists, 2005-2006 Entertainment, Publishing and the Arts Handbook 219 (2005) (for publisher, see above)
Loyola of Los Angeles Entertainment Law Review has published Volume 25, Number 3 with the following articles:
A Test Case for
Newsgathering: The Effects of September 11, 2001 on the Changing Watchdog Role
of the Press by Amanda S. Reid and
Control Content, Not
Innovation: Why
The Dissonance of
Work for Hire in Commissioned Sound
Recordings: Boulez v. Commissioner Revisited by Charles Coker, 25/3 Loyola
of
Duet of Discord:
Martha Graham and Her Non-Profit
The Journal of the
copyright Society of the
Copyright in
Computer-Composed Music: HAL Meets Handel (Nathan Burkan Memorial Competition
First Prize Paper) by William T. Ralston, 52 Journal of the Copyright
Society of the
Transforming the
News: Copyright and Fair Use in News-Related Contexts by Matthew D. Bunker,
52 Journal of the Copyright Society of the
Peer-to-Peer Technology as Infrastructure: An Economic Argument for Retaining Sony’s Safe Harbor for Technologies Capable of Substantial Noninfringing Uses by Brett M. Frischmann, 52 Journal of the Copyright Society of the USA 329 (2005) (for address, see above)
Debunking Fair Use Rights and Copyduty Under U.S. Copyright Law by David R. Johnstone, 52 Journal of the Copyright Society of the USA 345 (2005) (for address, see above)
Selected Law of
Copyright Assignments and Licenses by Stanley Rothenberg, 52 Journal of the
Copyright Society of the
Vanderbilt Journal of Entertainment Law & Practice has published Volume 7 Number 2, with the following articles:
Taking One for the Team: Should Colleges be Liable for Injuries Occurring During Student Participation in Club Sports? by Nick White, 7 Vanderbilt Journal of Entertainment Law & Practice 193 (2005)
The NCAA’s Regulations Related to the Use of Agents in the Sport of Baseball: Are the Rules Detrimental to the Best Interest of the Amateur Athlete? by Richard T. Karcher, 7 Vanderbilt Journal of Entertainment Law & Practice 215 (2005)
Representant Les Etats-Unis de’Amerique: Reforming the USOC Charter by Christopher T. Murray, 7 Vanderbilt Journal of Entertainment Law & Practice 233 (2005)
Sola, Perduta, Abbandonata: Are the Copyright Act and Performing Rights Organizations Killing Classical Music? by Amanda Scales, 7 Vanderbilt Journal of Entertainment Law & Practice 280 (2005)
Termination Rights and the Real Songwriters by Geoffrey P. Hull, 7 Vanderbilt Journal of Entertainment Law & Practice 301 (2005)
The Information Black Hole: Managing the Issues Arising from the Increase in Electronic Data Discovery in Litigation by Tracey L. Boyd, 7 Vanderbilt Journal of Entertainment Law & Practice 323 (2005)
DePaul-LCA Journal of Art and Entertainment Law has published Volume 15, Number 1 with the following articles:
The Perfect Fake: Creativity, Forgery, Art and the Law by Michael J. Clark, 15 DePaul-LCA Journal of Art and Entertainment Law 1 (2004)
Soviet World War II
Trophy Art in Present Day
Hold on Tighter/Let Go Sooner: A Review of Free Culture and an Argument for the Synthesis of Public Domain Preservation and Moral Rights Adoption by Christopher Madden, 15 DePaul-LCA Journal of Art and Entertainment Law 99 (2004)
Mixed Media: Conflicting Community Standards for Indecency for Broadcast, Cable and the Internet by Dana Duffield, 15 DePaul-LCA Journal of Art and Entertainment Law 141 (2004)
The Risk of Using Secondary Liability Legislation as a Means of Reducing Digital Copyright Infringement by Julie Erin Land, 15 DePaul-LCA Journal of Art and Entertainment Law 167 (2004)
Rights Management in Digital Media Content: A Case for FCC Intervention in the Standardization Process by John Matthew Williamson, 3 Journal on Telecommunications & High Technology Law 309 (2005) (http://www.colorado.edu/law/jthtl/)
The Impossibility of Technology-Based DRM and a Modest Suggestion by John Black, 3 Journal on Telecommunications & High Technology Law 387 (2005) (for website, see above)
P2P and the Future of
Private Copying by Peter K. Yu, 76
Copy Right and Copy Wrong: DVD Jon and 321 Studios Take on the Movie Industry by Stephen Liu, 39/1 The International Lawyer 161 (2005) (abanet.org/intlaw/publications)
The Journal of
Intellectual Property Law, published by University of
Falling on Deaf Ears: Is the “Fail-Safe” Triennial Exemption Provision in the Digital Millennium Copyright Act Effective in Protecting Fair Use? by Woodrow Neal Hartzog, 12 Journal of Intellectual Property Law 309 (2005) (for publisher, see above)
Nobility of Interpretation: Equity, Retrospectivity, and Collectivity in Implementing New Norms for Performers’ Rights by Antony Taubman, 12 Journal of Intellectual Property Law 351 (2005) (for publisher, see above)
The King James Copyright: A Look at the Originality of Derivative Translations of the King James Version of the Bible by Jason L. Cohn, 12 Journal of Intellectual Property Law 513 (2005) (for publisher, see above)
Peer-to-Peer and Substantial Noninfringing Use: Giving the Term “Substantial” Some Meaning by Richard M. Myrick, 12 Journal of Intellectual Property Law 539 (2005) (for publisher, see above)
Defining
Overcriminalization Through Cost-Benefit Analysis: The Example of Criminal
Copyright Laws by Geraldine Szott Moohr, 54
Revisiting the Visual
Artists Rights Act of 1990: A Follow-Up Survey About Awareness and Waiver by
RayMing Chang, 13
The NCAA’s Initial Eligibility Requirements and the Americans with Disabilities Act in the Post-PGA Tour, Inc. v. Martin Era: An Argument in Favor of Deference to the NCAA, XLVI Number 2 Boston College Law Review (2005)
From Locker Rooms to
Legislatures: Student-Athletes Turn Outside the Game to Improve the Score by
Michael Aguirre, 36
The Pedagogy of the
First Amendment: Why Teaching About Freedom of Speech Raises Unique (and Perhaps
Insurmountable) Problems for Conscientious Teachers and Their Students by
Revisiting the Sports Broadcasting Act of 1961: A Call for Equitable Antitrust Immunity from Section One of the Sherman Act for all Professional Sports Leagues by Lacie L. Kaiser, 54 DePaul Law Review (2005)
Trademarks-Internet Pop-Up Advertisement Triggered by Competitor’s Trademarks Is Not Infringing “Use in Commerce” of the Marks by Leanne Stendell, 58 SMU Law Review 215 (2005)
Protection of Famous Trademarks Against Use for Unrelated Goods and Services: A Comparative Analysis of the Law in the United States, the United Kingdom and Canada and Recommendations for Canadian Law Reform by Stephanie Chong, 95 The Trademark Reporter 642 (2005) (www.inta.org/pubs/tmr.html)
Winners and Losers in the Communications Sector: An Examination of Digital Television Regulation in the United Kingdom by Eliza Varney, 6 Minnesota Journal of Law, Science & Technology (2005)
Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Sampling Copyright Infringement Claims: The Sixth Circuit’s Flawed Attempt at a Bright Line Rule by Matthew R. Brodin, 6 Minnesota Journal of Law, Science & Technology (2005)
Copyright in Photographs: A Case for Reform by Richard Arnold, Q. C., 27/9 European Intellectual Property Review 303 (2005) (published by Sweet and Maxwell, www.sweetandmaxwell.co.uk)
Does Obscenity Cause
Moral Harm? by Andrew Koppelman, 105
Supreme Court Finds Grokster’s and StreamCast’s Business to Be Infringing, 22/9 The Computer & Internet Lawyer 30 (2005) (edited by Arnold & Porter and published by Aspen Publishers)
Houston Law Review has published a symposium issue entitled Trademark in Transition: Institute for Intellectual Property & Information Law Symposium with the following articles:
Introduction by
Greg R. Vetter, 41
Proving a Trademark
Has Been Diluted: Theories or Facts? by J. Thomas McCarthy, 41
An Empirical Analysis
of Intellectual Property Litigation: Some Preliminary Results by William M.
Landes, 41
Trademarks and Consumer Search Costs on the Internet by Stacey L. Dogan & Mark A. Lemley, 41 Houston Law Review 777 (2004)
When We Say US™: We
Mean It by A. Michael Froomkin, 41
Trademarks and
Territory: Detaching Trademark Law from the Nation-State by Graeme B.
Dinwoodie, 41
Reversing Copyright Misuse: Enforcing Contractual Prohibitions on Software Reverse Engineering by Jeffrey A. Andrews, 41 Houston Law Review 975 (2004)
Marquette Sports Law Review has published Volume 15, Number 2 with the following articles:
The Jurisprudence of
The “Blind Look”
Rule of Reason: Federal Courts’ Peculiar Treatment of NCAA Amateurism Rules
by Tibor Nagy, 15
The Referee’s Liability for Catastrophic Sports Injuries: A UK Perspective by Richard Caddell, 15 Marquette Sports Law Review (2005)
Playing the Game of
Academic Integrity v. Athletic
Success: The Americans with Disabilities Act (
The Antitrust
Implications of the Bowl Championship Series: Analysis Through Analogous
Reasoning by David Scott Moreland, 21
Enlisting Celebrity
Support for Legal Causes Can Influence the Court of Public Opinion, 91
The Ramifications of the FCC’s Failure to Minimize Negative Media Portrayals of Latinas and Black Women by Fiordaliza Batista, 11 Cardozo Women’s Law Journal 331 (2005)
Women in the Web of
Secondary Copyright Liability and Internet Filtering by Ann Bartow, 32
First Amendment
Scrutiny of Expanded Secondary Liability in Copyright by Ernest Miller, 32
The Freedom to Speak and the Freedom to Listen: The Admissibility of the Criminal Defendant’s Taste in Entertainment by Helen A. Anderson, 83 Oregon Law Review 899 (2004)
MGM v. Grokster: Multimillion-Dollar Questions That the Supreme Court Did Not Answer by Colbern Stuart III and Matthew C. Lapple, 17/8 Intellectual property & Technology Law Journal 13 (2005) (edited by Weil, Gotshal & Manges LLP and published by Aspen Publishers)
Judging Art by Christine Haight Farley, 79 Tulane Law Review 805 (2005)
Art Antiquity and Law, published by www.kluwerlawonline.com, has issued Volume 10, Number 2 with the following articles:
Flying Mercury Comes Home to Pavlovsk: Perspectives on the Return of Wartime Cultural Trophies in Austria and Russia by Patricia Kennedy Grimsted, 10 Art Antiquity and Law 107 (2005) (for website, see above)
Freedom of Artistic Expression and the Human Rights Act 1998 by Dawn Watkins, 10 Art Antiquity and Law 147 (2005) (for website, see above)
Switzerland’s New Federal Act on the International Transfer of Cultural Property: An Update and a Perspective from Collectors and the Art Trade by Georg von Segesser and Alexander Jolles, 10 Art Antiquity and Law 175 (2005) (for website, see above)
The “Inherent Risk” Doctrine, Amateur Coaching Negligence, and the Goal of Loss Avoidance by Timothy B. Fitzgerald, 99 Northwestern University Law Review (2005)
Due Process and the
NCAA: Are Innocent Student-Athletes Afforded Adequate Protection from Improper
Sanctions? A Call for Change in NCAA Enforcement Procedures by Mathew M.
Keegan, 25 Northern
Overview of China’s New Regulation on the Collective Administration of Copyright by Simon Teng, 50 Copyright World 8 (2005) (www.ipworldonline.com)
Plugging the Gap: Implications of Recent Cases between Novello and Keith Prowse Music Publishing by Robert Wegenek and Matthew Pryke, 50 Copyright World 12 (2005) (for website, see above)
Editing Companies vs.
Big
Proving Dilution: Survey Evidence in Trademark Dilution Actions by Matthew D. Bunker, James G. Stovall, and Patrick R. Cotter, 13 University of Baltimore Intellectual Property Law Journal 37 (2004)
The Australian
Intellectual Property Journal, published by LawBook Company,
Monopoly Versus Freedom of Ideas: The Expansion of Intellectual Property by Justice Ronald Sackville, 16 Australian Intellectual Property Journal (2005) (for address, see above)
The Interface Between Intellectual Property and Antitrust: Some Current Issues in Australia by Justice Kevin Lindgren, 16 Australian Intellectual Property Journal 76 (2005) (for address, see above)
The Concept of
“Sign” in Australian Trade Mark Law by Patricia Loughlan, 16 Australian
Intellectual Property Journal 95 (2005) (for address, see above)
Bend It Like Beckham
and Real Women Have Curves: Constructing Identity in Multicultural Coming-of-Age
Stories by Linda C. McClain, 54 DePaul Law Review 701 (2005)