Authors:Taylor A. Collins Abstract: While it is clear, and arguably has been for the last five years, that paid subscription streaming is the future of the music industry, the law has failed to keep pace with “modern consumer preferences and technological developments in the music marketplace.” The Music Modernization Act of 2018 (MMA), which amends the U.S. copyright law, 17 U.S.C., is Congress’s effort to keep pace with the music industry by fixing our cumbersome and inefficient music licensing system. The MMA is a step in the right direction, but it falls short of Congress’s goal. Focusing on Title I of the MMA—the Music Licensing Modernization Act—I argue that, aside from creating a compulsory blanket mechanical license for musical works, Title I of the MMA has done very little to improve business transactions in the music marketplace. Moreover, instead of “present[ing] a series of balanced tradeoffs among interested parties to create a fairer, more efficient, and more rational system for all,” Title I of the MMA hyper-focuses on the short-term interests of the music publishers and non-performing songwriters that lobbied during the MMA legislative process.I, therefore, argue that Congress should revisit the music marketplace question and update our music licensing system with the following goals in mind: (1) protect the public’s interest in having affordable access to interactive streaming, (2) create administrative synergies in our music licensing system, and (3) increase revenues for industry players and cut costs in the music marketplace. Specifically, Congress should: Replace the willing-buyer/willing-seller standard with the §801(b)(1) (repealed 2018) policy-oriented standard for statutory rate-setting proceedings; Instruct the Copyright Royalty Board (CRB) to factor basic principles of federal antitrust law into royalty rate determinations; Expressly communicate to the CRB that maximizing the quality of musical works made available to the public is outside the scope of the CRB’s statutory authority; Reject the principle set forth by the Copyright Office that “[g]overnment licensing processes should aspire to treat equivalent uses of sound recordings and musical works alike”; Authorize the formation of a new Mechanical and Performance Licensing Collective (MPLC), f/k/a Mechanical Licensing Collective (MLC), and create a compulsory individual and blanket license for the public performance of nondramatic musical works; Migrate public performance rate-setting proceedings from the performing rights organization (PRO) rate courts in the Southern District of New York over to the MPLC; Require terrestrial radio to pay sound recording royalties to recording artists and record companies; Apportion the annual assessment (operating) costs for the funding of the MPLC f/k/a MLC among applicable licensors and licensees; and Create a compulsory licensing system for the recording and commercial release of interpolations. In the following sections—Part I, II, and III—I set forth the details of my policy proposal, identify the drawbacks of our music licensing system, and demonstrate how my recommendations seek to address these inefficiencies. PubDate: Thu, 17 Mar 2022 09:30:48 PDT
Authors:Alyssa Croft Abstract: Many people strive to be professional athletes because of the respect and accomplishment it receives. You make a lot of money, it can be glamorous, you are in commercials and magazines, and sometimes even movies. However, there are some things people do not think about when it comes to professional athletes. One of the biggest is taxation! There are so many different things athletes must think about and do because of taxes so they can take home the most amount of money possible. Athletes must be careful about who they hire to help them with their taxes because they want to be sure they get someone who will help them get the most out of their money. So many things come into play when someone is looking at taxes for a professional athlete. Athletes can be taxed for the games they play in different cities, for their endorsements, commercials, etc. In other words, athletes pay taxes just like you and me, it is just much more complicated. PubDate: Thu, 17 Mar 2022 09:30:46 PDT
Authors:Mark Marciszewski Abstract: Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.Part III of this article will focus on how memes have existed without copyright lawsuits from content creators: principally, that internet memes constitute fair use. This section will use an example meme to weigh all four statutory factors of fair use to support the argument that internet memes are highly transformative and do not impact the market of the original copyrighted work.Part IV of this article will outline how public policy favors copyright protection of memes since copyright protection would not stifle creativity or new meme creations. First, copyright protection of memes would not disrupt the current “meme culture” of sharing memes because social media platforms, the major platform and vehicle for meme creation and sharing, have negated many copyright concerns through their terms of use policies. Next, it will explain how the Digital Media Copyright Act’s safe harbor rule protects social media platforms from being secondarily liable for potential copyright infringements involving meme appropriation. Finally, it will explain how other aspects of copyright law, like independent creation, the idea/expression dichotomy, and the fair use doctrine, will prevent meme creators from “weaponizing” their copyright interests in their memes. PubDate: Wed, 17 Jun 2020 14:16:20 PDT
Authors:Joseph C. Alfe et al. Abstract: Are violent video games harming America’s youth' Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent' If so, how should our society-- and government-- respond'To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression' Are these guarantees without limit' If not, how far may the government go in regulating the content or restricting the availability of these games'This paper first examines the history of video game development and its economic significance. Next, similar “societal boogeymen” are examined, compared, and contrasted to video games. Their impact on society and law is also examined. What, if any, First Amendment protections this class of video games should receive as well as possible regulatory schemes and limitations are then examined. Finally, after weighing public policy interests, a new regulatory framework is proposed. PubDate: Wed, 17 Jun 2020 14:16:15 PDT
Authors:Jeffrey Shearer Abstract: Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of college sports. This comment will highlight recent historical challenges with Title IX's application in college athletics with a focus on men’s gymnastics. This comment proposes that the Office for Civil Rights revoke their policy letter outlining the binary proportionality test, so that universities will be incentivized to use more qualitative measures of compliance. Finally, this comment will highlight developing legal issues with the application of the binary proportionality test on transgender athletes. PubDate: Wed, 17 Jun 2020 14:16:10 PDT
Authors:Ryan Esparza Abstract: In modern trademark law the process of registering a valid trademark is straightforward. In the United States the Lanham Act is the ruling law of trademark law. The Lanham Act grants protection to the owner of a registered mark which is distinctive and used in commerce. Assuming all the requirements are met, the owner of a mark can use the mark within its discretion and enjoy the protection under the Lanham Act. As trademark law has continued to evolve, the law has expanded to protect previously unforeseen categories. The two most obvious examples which demonstrate the evolution of protection under trademark law are trade dress and antidilution protection.These two areas demonstrate trademark law’s ability to evolve to address areas not recognized through established law. Nowhere is an adaptation of trademark law required more than in user-created avatars. The emergence of user-created content has begun to become a common occurrence within the areas of electronic media. Video games can currently give players a blank slate upon which they can build their own creation. Issues however arise when there are inquiries into who legitimately owns theses creations and what protections they are afforded. PubDate: Wed, 17 Jan 2018 14:36:35 PST
Authors:Adam Blaier Abstract: The question this paper tries to answer is: Without fair use, what would you freely speak about' This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally, I will demonstrate how fair use is as important if not more important than the First Amendment for these categories that I have listed. PubDate: Wed, 17 Jan 2018 14:36:32 PST
Authors:Anthony J. Sanfratello Abstract: This note will set out to prove why PASPA is no longer effective and why reform is needed. With the state of New Jersey leading the fight, change is on the horizon. First, the history of gambling laws in the United States will be covered. Next, the legal and other supplemental arguments for and against PASPA will be discussed. Additionally, the pivotal role that each major professional sports league plays in the arguments for and against reform, with specific focus on professional teams moving to Las Vegas, will be examined. Lastly, the current state of gambling laws in this country will be addressed and suggestions and predictions will be introduced. PubDate: Wed, 17 Jan 2018 14:36:29 PST
Authors:Ryan J. McGinty Abstract: This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase of injury to the NFL, team owners, and the public interest. With anti-American sentiment growing and only 52% of Americans that are “extremely proud” of their country, it is time to start coming together and it is time to appropriately mark that line aforementioned. Professional football players should have a heightened threshold of professional responsibilities that coincide with their elevated status on the field when performing in uniform, and in their professional setting. Through exploring an athlete’s freedoms of speech and expression under the Constitution and the National Labor Relations Act while simultaneously navigating through the world of player contracts and working conditions under the NFL Collective Bargaining Agreement, this note will portray a potential solution to the growing issue at hand that when multiplied can devastate the mission of the NFL, and effectually change how our nation’s youth perceive this great country.Part II will lay the foundation of this analysis; by first giving the reader an inside look into the NFL’s corporate structure and the interrelations between the NFL League Office, NFL Executive Committee, and team owners. Then I will discuss the NFLPA, the power of unions, and the role of the NFLPA in collective bargaining for the interests of the NFL players. This section will also note the relevant sections of the current 2011 NFL CBA which governs the league. Part III will illustrate a successfully executed demonstration of free speech on the professional sports stage and then introduce the reader to the Kaepernick Stance and its continued effect on our society and popular culture during a major transition of government policy. Here, the facts surrounding the issue will be put on display in a time-line fashion along with notable reactions allowing for the reader to make an independent judgment call for or against the stance and manner at which it has been presented. Furthermore, insight into the impact of social media on political protesting will reveal why the Kaepernick Stance has grown so fast, so quick. Part IV will take the reader back in time and discuss the origins of the National Anthem as well as the right of free expression under the First and Fourteenth Amendment and its continued evolution in terms of its interpretation. Finally Part V will conclude this note with an argument and a proposed solution. PubDate: Wed, 17 Jan 2018 14:36:26 PST
Authors:Nicholas Douglas Abstract: This article is meant to give you a basic understanding of mechanical timepieces—not just what they are, but how they are different from one another and why that difference is significant. Watches themselves do not need an introduction; they are ubiquitous and have withstood the peaks and troughs of social inequality and have persisted as a commonality between the rich, the poor and the middleclass since the beginning of their mass production in the 19th century. I focus here on the history of watches within the United States because, ultimately, this is a discussion of their legal protection under United States intellectual property law and not a full history lesson on horology. If you would like to establish a foundation of knowledge for the intellectual property which this article discusses, I suggest first reading of the achievements of individuals such as Christiaan Huygens, Peter Henlein, Patek Philippe and Louis Cartier. This article will focus on two areas of intellectual property, patents and trademarks, and their application to mechanical timepieces. PubDate: Wed, 17 Jan 2018 14:36:23 PST
Authors:Hunter Sundberg Abstract: In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.The first course of action chosen by the fighters is litigation, as a group of former UFC fighters have filed a class action antitrust suit against the UFC. Fighters are also lobbying for legislation in an attempt to expand the Muhammad Ali Act to regulate MMA as another method of resolution. While both will ultimately fail to appease the aggrieved athletes, the process may injure the UFC brand, something fighters may want to avoid. By reviewing similar antitrust disputes in sports and entertainment, the failure of the lawsuit against the UFC becomes apparent. As for the legislation, the Muhammad Ali Act fell short in protecting fighters in boxing as it was intended and will have the same ineffectualness in MMA. When the UFC was purchased in 2016 by WME-IMG, an immense international entertainment conglomerate, it is not likely the company was ignorant to these unsettled issues. This leads to the conclusion that the league’s prospects are still bright. It is in the fighters’ and the league’s best interests to quell their innate divisive temperaments and negotiate a compromise internally.Part II of this paper discusses the history of MMA, the sport of mixed martial arts. It also evaluates the evolution and current state of the UFC, the premier league that arranges and promotes the competition of elite MMA athletes. After a brief explanation of relevant antitrust laws, Part III analyzes the merits of the class action lawsuit against the UFC. Part IV explores the distinct nature of MMA and why antitrust enforcement will have varying results from what the athletes hope to achieve. Part V addresses possible effects of the proposed federal legislation amending the Muhammad Ali Act. Finally, Part VI summarizes that the antitrust litigation and proposed regulation will fail to redress the fighters’ affliction of their income but may injure the UFC brand. Thus, imploring the league to be proactive in resolving this issue. PubDate: Wed, 17 Jan 2018 14:36:20 PST
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