A practical treatise on the Stamp-act of July 1st, 1862 [electronic resource] : and amendatory statutes / by Charles Edwards
The work of the advocate [electronic resource] : a practical treatise containing suggestions for preparation and trial : including a system of rules for the examination of witnesses and the argument of questions of law and fact, together with the rules of
This Essay examines the taxation of crickets in the context of Indian law. It examines the concept of non-resident “star” companies created by Indian cricketers as a mechanism to avoid the taxation of their global income in India.
Protecting a Celebrity’s Child from Harassment: Is California’s Amendment Penal Code § 11414 Too Vague to be Constitutional?
This Note will describe a brief history of the legal attempts to restrict the paparazzi and the legislative history behind A.B. 3592 and its amendment, S.B. 606. The bills are controversial and have received a significant amount of criticism, due to the fact that they restrict speech by essentially prohibiting paparazzi, known for their harassing behavior, from taking pictures of the children of celebrities. The Note will conclude with an analysis utilizing the void-for-vagueness doctrine of whether the bill is in violation of the First Amendment.
This Note argues that courts’ emphasis on the ordinary observer test to prove illicit copying in film is misguided. The ordinary observer test relies on whether the accused work captures the total feel of the copyrighted work, but overlooks an essential aspect of unlawful appropriation and copyright law – the idea that only particular elements of a work are copyrightable. If a jury is exposed to expert testimony regarding probative similarity before making their evaluation, it is unlikely they will forget such evidence when evaluating the illicit copying.
A better test for infringement would be one that allows the ordinary observer, representative of the intended audience, to detect whether there is a similarity in the works, exclusive of an expert’s opinion. The focus should then shift to the more complicated issue of unlawful appropriation by permitting the inclusion of analytic dissection and expert testimony.
This Note seeks to examine the evolution of sex and sexuality in the media, by critically examining how the prevalence of sex and more recently the prevalence of topics and issues related to sexuality in television, literature, electronic media, and art have and continue to impact societal views and notions on obscenity. This Note will also examine the Miller test for obscenity, and the long term effects of societal value evolution on the application of the Miller test. This Note concludes by positing that at some point, the line between what is deemed sexually offensive and what is socially acceptable will become so blurred that the Miller test will no longer be definitively able to differentiate between the two, ultimately rendering it inapplicable.
Cash from Chaos: Sound Recording Authorship, Section 203 Recapture Rights and a New Wave of Termination
The thesis of this Article is that under an exclusive recording agreement entered into in the United States between a record label and recording artist on or after January 1, 1978, any key member of recording artist that signed the recording contract is a bona fide author of a sound recording for purposes of claiming standing in order to effectuate a termination of transfer of grant under Section 203 of the 1976 Copyright Act.
Part I will summarize the history of sound recordings as copyrightable subject matter. Part II will examine record industry custom and practice as it relates to the relationship between recording artists and record labels under exclusive recording agreements. Part III will examine what occurs in a typical recording session for the purpose of offering indicia of who is making substantive creative decisions that affect the final sound recording. Part IV will explore different theories of who may reasonably articulate a claim of authorship credit in a sound recording. Part V will present a nuanced, reasonable and practical solution to the issue of determining who has standing as an author of a sound recording for purposes of terminating a grant of transfer under Section 203 of the 1976 Copyright Act.
Banksy Got Back? Problems with Chains of Unauthorized Derivative Works and Arrangements in Cover Songs Under a Compulsory License
This Article will analyze the scope of copyright ownership in relation to chains of unauthorized derivative works and chains of arrangement rights in cover versions of musical recordings. In particular, the analysis will focus on the gray area in the law where an unauthorized derivative work (“D1”) is created by an author and another author creates a second derivative work (“D2”) based off of D1. In situations such as these, does the creator of the original derivative work have any rights in their creation if their derivative work was unauthorized?
Further, depending on what rights do exist for D1, can the creator of the D2 be found to be infringing upon D1? Moreover, even in the case of certain authorized chains of works such as musical “covers” produced under a compulsory license, does the creator of the first derivative work D1 have any legal recourse against further authorized derivative work creators who base their work on the first derivative work?
This phenomenon is demonstrated through examples based in contemporary urban art (Keith Haring and Banksy) and cover songs created through compulsory licenses (Sir Mix-A-Lot, Glee, and Jonathan Coulton).
With the simple click of a button, anyone can copy an image from one place and paste it to another. What some people do not realize is that these actions could have them one click away from copyright infringement. Advancements in technology have made it easier for Internet users to infringe on the rights of copyright owners. Many popular websites, such as YouTube and Facebook, have seen the dangers of allowing users to upload videos and images onto their websites. However, one popular website has not yet seen the wrath of copyright owners. This Article looks at the rights copyright owners have in the realm of Pinterest. Specifically, this Article analyzes how a court would rule on a case of copyright infringement involving Pinterest and the Digital Millennium Copyright Act (or the DMCA), with an emphasis on the safe harbor provision within the DMCA. This Article predicts what a court might do if it were presented with a copyright infringement claim against Pinterest. Finally, this Article concludes with a look into the future of Pinterest copyright law.
This Article discusses the issue of excessive patent protection and possible remedies; the discussed remedies are the usage of antitrust laws or simply replacing certain patents with copyright protection. This Article first explores the relationship between patent protection and antitrust law. It then describes a number of tests that have been used in the past and one proposed new test, designed to confront this interrelationship. While considering these tests, this Article applies two controversial real-world patents to each in order to examine their benefits and problems. This Article then goes on to discuss the possible benefits of protecting inventors through copyright laws. Generally, the primary goal of regulating these areas of law is to reach an optimal level of “consumer welfare” consisting of innovative products at competitive prices. While this Article discusses numerous legal theories, they will be framed in the context of attempting to produce the greatest amount of consumer welfare.
Cleaning Out the Closet: A Proposal to Eliminate the Aesthetic Functionality Doctrine in the Fashion Industry
The aesthetic functionality doctrine seeks to promote competition, but is ineffective in the fashion industry because there is not one design that will be the most aesthetically appealing to everyone, as there is in other industries. This Article examines the various problems with the aesthetic functionality doctrine, and will argue that this doctrine, while relevant in other industries, should be eliminated from fashion.
This issue of Pace Intellectual Property, Sports & Entertainment Law Forum includes articles on the modern legal issues & developments affecting fashion, the Internet, music, film, international sports, constitutional law & the lives of celebrities.