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Vanderbilt University Law School - Vanderbilt Journal of Entertainment and Technology Law

Archive


 Volume 10, Number 1 


Addressing the Incoherency of the Preemption Provision of the Copyright Act of 1976
- By Joseph P. Bauer

Hit and Miss: Leverage, Sacrifice, and Refusal to Deal in the Supreme Court Decision in Trinko
- By Nicholas Economides

Patently Wrong: The U.S. Supreme Court Punts in the Case of LabCorp v. Metabolite
- By John G. New

From Safe Harbor to Choppy Waters: YouTube, the Digital Millennium Copyright Act, and a Much Needed Change of Course
- By Lauren B. Patten

All In, But Left Out: How the Unlawful Internet Gambling Enforcement Act Seeks to Eradicate Online Gambling in the United States
- By Benjamin C. Wickert

Calling All Angles: Perspectives on Regulating Internet Telephony
- By Melissa Winberg


 Volume 9, Number 3 


Defending Artistry by Deleting “Dead Capital:” Sony, Grokster, and the Supreme Court’s Lost Opportunity to Eradicate the “Substantial Non-Infringing Use” Doctrine
- By Joshua E. Carpenter

Truth, Accuracy and Neutral Reportage: Beheading the Media Jabberwock’s Attempts to Circumvent New York Times v. Sullivan
- By David A. Elder

International Distribution: Divergence of Co-Ownership Laws
- By Goldie Gabriel

A Bright Line at Any Cost: The Sixth Circuit Unjustifiably Weakens the Protection for Musical Composition Copyrights in Bridgeport Music v. Dimension Films
- By Michael Jude Galvin

Atlantic Recording Corporation v. XM Satellite Radio: A Brief Analysis of the Case and its Implications for U.S. Copyright Law
- By Lyle Preslar

Dealing with Casual Piracy: Limiting Distribution of Copyrighted Content with Digital Rights Management
- By Bimal Jaysen Rajkomar

A Reason for Musicians to Fret: Copyright Infringement in Online Guitar Tablature
- By Laura E. Gary

Changing Seasons, Changing Times: The Validity of Nontraditional Sports Seasons Under Title IX and the Equal Protection Clause
- By Jane Hefferan

Cyber-Libeling the Glitterati: Protecting the First Amendment for Internet Speech
- By Abbey L. Mansfield

A Common Tool for Individual Solutions: Why Countries Should Establish an International Organization to Regulate Internet Content
- By Paul Przybylski


 Volume 9, Number 2 


Porn in Their Words: Female Leaders in the Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture, and the Mainstreaming of Adult Content
- By Clay Calvert and Robert D. Richards

Conducting the Constitution: Justice Scalia, Textualism, and the Eroica Symphony
- By Ian Gallacher

A Study of Juror Expectations and Demands Concerning Scientific Evidence: Does the “CSI Effect” Exist?
- By Hon. Donald E. Shelton, Young S. Kim, and Gregg Barak

Rider Beware: Relying on the Courts and a Nationalized Rating System to Address the Duty of Care Owed to Amusement Park Attraction Guests
- By Tobias Butler

Cracks in the Great Wall: Why China’s Copyright Law Has Failed to Prevent Piracy of American Movies Within its Borders
- By Jordana Cornish

A Need for Heightened Scrutiny: Aligning the NCAA Transfer Rule with its Rationales
- By Jonathan Jenkins

“Did You Want Fries With That?” The Unanswered Question of Federal Product Placement Regulation  
- By Raghu Seshadri


  Volume 9, Number 1 


The Privacy Gambit: Toward a Game Theoretic Approach to International Data Protection
- By Horace E. Anderson, Jr.

New Perspectives on Public Goods Production: Policy Implications of Open Source Software
- By Jyh-An Lee

Equal Protection in the World of Art and Obscenity: The Art Photographer’s Latent Struggle with Obscenity Standards in Contemporary America
- By Elaine Wang

The “Public Use” of Private Sports Stadiums: Kelo Hits a Homerun for Private Developers
- By Cristin F. Hartzog

Creative Industries in Developing Countries and Intellectual Property Protection
- By Lauren Loew

Warring Ideologies for Regulating Military Blogs: A Cyberlaw Approach for Balancing Free Speech and Security in Cyberspace
- By Julia E. Mitchell

A Winner is Who? Fair Use and the Online Distribution of Manga and Video Game Fan Translations
- By Jaime E. Muscar


  Volume 8, Number 3 


Towards the Digital Music Distribution Age: Business Model Adjustments and Legislative Proposals to Improve Legal Downloading Services and Counter Piracy
- By Carlos Ruiz de la Torre

Don’t Shoot the Speaker: Why Forfeiture Liability for Indecency Violations over Broadcast Media Cannot be Expanded to Cover the Speaker
- By Kevin Bennardo

The Dissonant Tune of International Harmonization and the Domestic Duration of Phonorecord Protection
- By Caz McChrystal

The Mouse That Roared: Addressing the Post-modern Quandary of Mash-ups through Traditional Fair Use Analysis
- By Aaron Power

Scuffling for a Slice of the Ringtone Pie: Evaluating Legal and Business Approaches to Copyright Clearance Issues
- By Carmen Kate Yuen

Celebrities in the Courtroom: Legal Responses, Psychological Theory and Empirical Research
- By Jared Chamberlain, Monica K. Miller, and Alayna Jehle

SPAM vs. Ms. Piggy: An Entertainment Law Cautionary Tale
- By Candi Henry

Not All Copyright Infringers Are Created Equal: Why Federal Income Tax is a Proper Deductible Expense for Non-Willful Copyright Infringers
- By Christine Ballard

Bloggers as Reporters: An Effect-Based Approach to First Amendment Protections in a New Age of Information Dissemination
- By Stephanie J. Frazee

Revenue Sharing and the Salary Cap in the NFL: Perfecting the Balance Between NFL Socialism and Unrestrained Free-Trade
- By Clay Moorhead

Frozen in Time? New Technologies, Fixation, and the Derivative Work Right
- By Patrick W. Ogilvy


  Volume 8, Number 2 


The Age of Innocence: The First 25 Years of The National Collegiate Athletic Association, 1906 to 1931
- By W. Burlette Carter

Video Game Music: Where it Came From, How it is Being Used Today, and Where it is Heading Tomorrow
- By Michael Cerrati

D.I.Y. After Dastar: Protecting Creatorsf Moral Rights Through Creative Lawyering, Individual Contracts and Collectively Bargained Agreements
-
By Rick Mortensen

Distinctly Delineated Fictional Characters That Constitute The Story Being Told: Who Are They And Do They Deserve Independent Copyright Protection?
- By Jasmina Zecevic

Is the ADA Short-Sighted? An Analysis of Sightline Regulations in Movie Theaters
- By Michael D. Driver

Honor Among Thieves: Copyright Infringement in Internet Fandom
- By Christina Z. Ranon

Is the Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire
- By Amanda Schlager

State Regulation of Unsolicited Bulk Commercial E-mail and the Dormant Commerce Clause
- By Jeffrey D. Zentner


 Volume 8, Number 1


Navigating Into the New "Safe Harbor" : Model Interest Surveys as a New Tool for Title IX Compliance Programs
- By John J. Almond and Daniel A. Cohen

The Needle and the Damage Done: The Pervasive Presence of Obsolete Mass Media Audience Models in First Amendment Doctrine 
- By Mehmet Konar-Steenberg

Legal and Practical Aspects of Music Licensing for Motion Pictures
- By Vlad Kushnir

Arresting Vaulting Pole Technology
- By Russ VerSteeg

Copyright Issues for Sound Recordings of Volunteer Performers
- By Stephen Adams

Upon Further Review: Why the NFL May Not be Free after Clarett, and Why Professional Sports May be Free from Antitrust Law
- By Darren W. Dummit

The Reality of Reality Television: Understanding the Unique Nature of the Reality Genre in Copyright Infringement Cases
- By J. Matthew Sharp


 Volume 7, Number 3



Steal this Concert? The Federal Anti-bootlegging Statute Gets Struck Down, but not Out
- By Adam Giuliano

It's Mine! No, It's Mine! No, It's Mine!' Works-Made-For-Hire, Section 203 of the Copyright Act, and Sound Recordings
- By Adam Halston Dunst

An Analysis of the Recording Industry’s Litigation Strategy Against Direct Infringers
- By Kristina Groennings 

Digital Music Sampling & Copyright Law: Can the Interests of Copyright Owners and Sampling Artists be Reconciled?
- By Carlos Ruiz de la Torre

Some Catching Up To Do: How the U.S., in Refusing to Fully Sign on to the WPPT's Public Performance Right in Sound Recordings, Fell Behind the Protections of Artists' Rights Recognized Elsewhere in this Increasingly Global Music Community
- By Kara M. Wolke

Tragedy and Triumph in Title IX
- By Welch Suggs

Are We Playing By the Rules? A Debate Over the Need for NCAA Regulation Reform

Is the System Flawed? Legal Ramifications of the Bowl Championship Series and Conference Alignment

“Bring It On”: The High-Stakes Battle Over Whether The Courts, Congress or The FEC Should Muzzle Independent “527” Television Advertising
- By Christopher G. Johnson

The Downhill Battle to Copyright Sonic Ideas in Bridgeport Music
- By Matthew S. Garnett

Protecting the Future: A strategy for Creating Laws Not Constrained by Technological Obsolescence
- By Jay Campbell

Revenue Sharing in Major League Baseball: Are Cuba's Political Managers on their Way Over Too?
- By Matthew Ryan McCarthy


 Volume 7, Number 2 


 Taking One for the Team: Should Colleges be Liable for Injuries Occurring During Student Participation in Club Sports?
- By Nick White

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

Representant Les Etats-Unis d’Amerique: Reforming the USOC Charter
- By Christopher T. Murray

Copyright Infringement in the Indian Film Industry
- By Rachana Desai

Sola, Perduta, Abbandonata: Are the Copyright Act and Performing Rights Organizations Killing Classical Music?
- By Amanda Scales

Termination Rights and the Real Songwriters
- By Geoffrey P. Hull

The Information Black Hole: Managing the Issues Arising from the Increase in Electronic Data Discovery in Litigation
- By Tracey Boyd

Why Is Betamax an Anachronism in the Digital Age? Erosion of the Sony Doctrine and Indirect Copyright Liability of Internet Technologies
- By Jiarui Liu 


 Volume 7, Number 1


The Music Industry’s Failed Attemps to Influence File Sharing Norms
- Steven A. Hetcher

United States’ Trade Policy and the Exportation of United States’ Culture
- Beverly I. Moran 

Regulation through Intimidation: Congressional Hearings and Political Pressure on America’s Entertainment Media
- Kenneth A. Paulson

The Curb Center at Vanderbilt: Panel Discussion on Federal Regulation and the Cultural Landscape, Office of the USTR, and Popular Media

A Whole Different Ballgame: Ticket Scalping Legislation and Behavorial Economics?
- Jasmin Yang

Too Much of a Good Thing? Deciphering Copyright Infringement for the Musician
- Joseph K. Christian

Typosquatters, the Tactical Fight Being Waged by Corporations, and Congress’ Attempt to Fight Back in the Criminal Arena: U.S. v. Zuccarini
- David A. Gusewelle

A Traitor in Our Midst: Is it your TiVo?
- Teresa W. Chan


 Volume 6, Number 2

 


Adult Entertainment and the First Amendment: A Dialogue and Analysis with the Industry’s Leading Litigator & Appellate Advocate
- Clay Calvert and Robert D. Richards

Long Overdue? An Exploration of the Status and Merit of a General Public Performance Right in Sound Recordings
- Matthew S. DelNero  

Business, The Arts, & The Role of the Copyright Act: An Illustration
- Keith C. Hauprich

“Justice Isn’t Deaf” - A Behind the Scenes Look at how Bijoux Records Executives Discuss the Potential Liability for Violence “Inspired” by Song Lyrics and How They Will Fare in the Face of the First Amendment
- Renée Michelle Moore

Fiduciary Duty: Can It Help Calm the Fears of Underpaid Artists?
- Wendy V. Bartholomew 

A Wolf in Sheep’s Clothing: Wolf v. Ashcroft and the Constitutionality of Using the MPAA Ratings to Censor Films in Prison
- Colin Miller

The E-rated Industry: Fair Use Sheep or Infringing Goat?
- Christina Mitakis

The New Software Jurisprudence and the Faltering First Amendment
- Liam Séamus O’Melinn

Is There Judicial Recourse to Attack Spammers?
- Ashley L. Rogers

The Reality of Fantasy: Addressing the Viability of a Substantive Due Process Attack on Florida’s Purported Stance Against Participation in Fantasy Sports Leagues that Involve the Exchange of Money
- Neville Firdaus Dastoor


 Volume 6, Number 1 


 Major League Baseball's Answer to Salary Disputes and the Strike: Final Offer Arbitration: A Negotiation Tool Facilitating Adversary Agreement
- Brien M. Wassner

Making a Mountain Out of a Mogul: Jeremy Bloom v. NCAA and Unjustified Denial of Compensation Under NCAA Amateurism Rules
- Gordon E. Gouveia

The Impact of Digital Distribution on the Duration of Recording Contracts
- Revella Cook

New Media - New Rules: The Digital Performance Right and Streaming Media over the Internet
- Joseph E. Magri

Idea Men Should be Able to Enforce Their Contractual Rights: Considerations Rejecting Preemption of Idea-Submission Contract ClaimsAlmost Famous: Reality Television Participants as Limited-Purpose Public Figures
- Celine Michaud and Gregory Tulquois

Almost Famous: Reality Television Participants as Limited-Purpose Public Figures
- Darby Green

New Video Game: Japan’s Video Game Producers Lose at the Litigation Game
- Dan Rose

Solutions are on Track: Digital File Sharing Spun in a Positive Light
- Beth A. Thomas


 Volume 5, Number 2
 


Copyright and the First Amendment: After the Wind Done Gone
- Joseph M. Beck

Practice Before the Copyright Arbitration Royalty Panel in 17 U.S.C. § 111 Distribution Proceedings
- Mark J. Davis

Satellite Wars: Culture vs. Expression
- Alex Colangelo

The Politics of "Mo' Money, Mo' Money," and the Strange Dialectic of Hip Hop
- Ronald D. Brown


 Volume 5, Number 1

 


The Impact of State Prohibitions of Punitive Damages on Libel Litigation: An Empirical Analysis
- Dennis Hale

Co-Productions: The Future Feature
- Jenica Yurcic

Interview with NFL General Counsel Adolpho Birch on the NFL's Drug Policy

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