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  Subjects -> SPORTS AND GAMES (Total: 199 journals)
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Berkeley Journal of Entertainment and Sports Law
Number of Followers: 6  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2167-874X
Published by U of California Berkeley School of Law Homepage  [11 journals]
  • Spotify: Incentivizing Album Creation Through "The Facebook" of Music

    • Authors: Von Wiegandt; David
      PubDate: Tue, 26 Nov 2019 11:32:23 GMT
  • Reinvigorating U.S. Copyright with Attribution: How Courts Can Help Define
           the Fair Use Exception to Copyright by Considering the Economic Aspects of

    • Authors: Cameron; Catherine J
      PubDate: Tue, 26 Nov 2019 11:32:23 GMT
  • FIFA Transfer Rules and Unilateral Termination Without Just Cause

    • Authors: Czarnota; Paul A
      PubDate: Tue, 26 Nov 2019 11:32:23 GMT
  • Global Match-Fixing and the United States' Role in Upholding Sporting

    • Authors: Carpenter; Kevin
      PubDate: Tue, 26 Nov 2019 11:32:22 GMT
  • Rumpole's Ethics

    • Authors: Bergman; Paul
      PubDate: Tue, 26 Nov 2019 11:30:41 GMT
  • Legal Ethics: Prime Time and Real Time

    • Authors: Rhode; Deborah L.
      PubDate: Tue, 26 Nov 2019 11:30:41 GMT
  • When Harry Met Perry and Larry: Criminal Defense Lawyers on Television

    • Authors: Asimow; Michael
      PubDate: Tue, 26 Nov 2019 11:30:40 GMT
  • Introduction to Channeling Justice: Law on Television

    • Authors: Asimow; Michael
      Abstract: Introduction to the "Channeling Justice: Law on Television" symposium held at Stanford Law School.
      PubDate: Tue, 26 Nov 2019 11:30:40 GMT
  • The New Renaissance: A Breakthrough Time For Artists

    • Authors: Beer; Steven C.
      Abstract: The world of entertainment is changing. Artists, authors, and other content creators now find themselves on the brink of a New Renaissance Paradigm of do-it-yourself creation, distribution and marketing. With new technologies and marketing strategies available to artists, the traditional brick-and-mortar corporate institutions that traditionally ruled over the entertainment world are losing their grip on the keys to the gates of show business success. The content creators themselves now hold those keys in their own hands.This Article sheds light on this Renaissance Paradigm within the entertainment industry and what it means for artists, traditional corporate institutions, and the field of entertainment law. It first focuses on the decline of middleman corporate entities such as record labels, publishing houses, and film distribution companies; modern content creators are empowered by new technologies to take ownership of his or her own career. The Article then discusses how this New Renaissance Paradigm allows for artists to explore new areas of creativity. Now that they no longer must abide by the constraints of institutional middlemen, content creators are free to follow and express their own visions, contributing to the formerly limited sea of widely accessible creative content. Aside from how the New Renaissance Paradigm affects creators and traditional institutions, the Article examines how these new marketing and distribution strategies affect the consumer (or content appreciator), bringing them closer to the artist and giving rise to a form of artistic patronage. Finally, this Article analyzes how these changes to the entertainment industry will affect the practice of entertainment law and calls upon attorneys to adapt to the changing times to best protect and represent their clients.
      PubDate: Tue, 26 Nov 2019 11:30:40 GMT
  • The California Resale Royalty Act and the Fifth Amendment: Why the Act
           Survives Takings Challenges

    • Authors: Prull; Forrest
      Abstract: The California Resale Royalty Act, which provides fine artists with a 5% inalienable royalty on future sales of their work, has been challenged on several legal grounds, including due process, freedom of contract and preemption. While these challenges have failed, it has also been suggested that the act amounts to a physical taking under the Fifth Amendment. While the act has yet to be challenged as such, the argument has been made that such a challenge would prevail. The question of whether or not the act is a taking is important because of the current expansion of similar statutes around the world, particularly in Europe and involves the question of whether or not the United States will follow with a similar federal statute. The argument that the California Resale Royalty Act amounts to a taking has been used in arguments against the adoption of a similar federal statute in the United States. Whether the United States adopts a similar federal statute may have significant impact on the sale of art in the global economy.This article helps present analysis of takings law in the context of a fairly unique statute and contributes to the debate about artists' rights in the United States by making the case that as far as the Fifth Amendment is concerned, the United States would be constitutionally permitted to adopt a federal statute similar to the California Resale Royalty Act. The article explores and rebuts the position that the California statute is a physical taking by illustrating through the use of precedent and analysis of the arguments that the proper analysis is a regulatory takings analysis and not a physical takings analysis. Under a regulatory takings analysis, the article demonstrates that the statute is not a taking under the Fifth Amendment. The article also raises the possibility that the courts may not hear a takings argument because of particular case law.
      PubDate: Tue, 26 Nov 2019 11:30:39 GMT
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