Entertainment Law Reporter
July 2006 Volume 28 Number 2

In the Law Reviews:

MyLibrary: Copyright and the Role of Institutions in a Peer-t0-Peer World by Rebecca Tushnet, 53 UCLA Law Review 977 (2006)

Reaffirming McClain: The National Stolen Property Act and the Abiding Trade in Looted Cultural Objects by Adam Goldberg, 53 UCLA Law Review 1031 (2006)

Passing the Global Test: DMCA §1201 As an International Model for Transitioning Copyright Law into the Digital Age by Christopher Kruger, 28 Houston Journal of International Law 281 (2006)

An Orphan Works Affirmative Defense to Copyright Infringement Actions  by Jerry Brito and Bridget Dooling, 12 Michigan Telecommunications and Technology Law Review 75 (2005)

Eight Million Performances Later, Still Not a Dime: Why Is It Time to Comprehensively Protect Sound Recording Public Performances by Jonathan S. Lawson, 81 Notre Dame Law Review 693 (2006)

Do You Hear What I Hear? Expert Testimony in Music Infringement Cases in the Ninth Circuit by Miah Rosenberg, 39 U.C. Davis Law Review 1669 (2006)

Unflagging Television Piracy: How Piracy of Japanese Television Programming in East Asia Portends Failure for a U.S. Broadcast Flag by Karla S. Lambert, 84 Texas Law Review 1317 (2006)

The Intellectual Property Law Bulletin, published by University of San Francisco , has published Volume 10, Issue 2 with the following articles:

The Day Grokster Ate Sony: Examining the Rationale Behind the Supreme Court’s New Rule of Copyright Infringement Liability for Inducement by Edward L. Carter and Adam Frank, 10 Intellectual Property Law Bulletin 115 (2006) (for publisher, see above)

Defending the Right of Publicity: A Natural Rights Perspective by Jeffrey J. Brown, 10 Intellectual Property Law Bulleting 131 (2006) (for publisher, see above)

Why the Current Global Intellectual Property Framework Under TRIPS Is Not Working by Brigitte Binkert, 10 Intellectual Property Law Bulletin 143 (2006) (for publisher, see above)

Newton v. Diamond: When a Composer’s Market Is Not the Average Joe: The Inadequacy of the Average-Audience Test by Reid Miller, 36 Golden Gate University Law Review 1 (2006)

Marquette Intellectual Property Law Review has published Volume 10 as a Special Issue with the following articles:

Foreward by Irene Calboli, 10 Marquette Intellectual Property Law Review I (2006)

TRIPS and Traditional Knowledge: Local Communities, Local Knowledge, and Global Intellectual Property Frameworks by Olufunmilayo B. Arewa, 10 Marquette Intellectual Property Law Review 155 (2006)

Expanding the Protection of Geographical Indications of Origin Under TRIPS: “Old” Debate or “New” Opportunity ? By Irene Calboli, 10 Marquette Intellectual Property Law Review 181 (2006)

The International Intellectual Property Law System: New Actors, New Institutions, New Sources
by Graeme B. Dinwoodie, 10 Marquette Intellectual Property Law Review 205 (2006)

TRIPS: A Link Too Far? A Proposal for Procedural Restraints on Regulatory Linkage in the WTO by Sean Pager, 10 Marquette Intellectual Property Law Review 215 (2006)

Of the Inequals of the Uruguay Round by Srividhya Ragavan, 10 Marquette Intellectual Property Law Review 273 (2006)

Is There an Antitrust Antidote Against IP Overprotection within TRIPS? by Marco Ricolfi, 10 Marquette Intellectual Property Law Review 305 (2006)

TRIPS and Its Discontents by Peter K. Yu, 10 Marquette Intellectual Property Law Review 369 (2006)

Misunderestimating Dastar: How the Supreme Court Unwittingly Revolutionized Copyright Preemption by Tom W. Bell, 65 Maryland Law Review (2006)

The DRM Umbrella by Simon Chapman and Dan Caunt, 158 Copyright World 23 (2006) (www.ipworldonline.com)

Confusion Continues: the Court of Paris’ Ruling in Case Brought by SCPP against a Peer-to-Peer User by Christian Lacheze, Jean-Frederic Gaultier and Olivia Dhordain, 159 Copyright World 10 (2006) (for website, see above)

Testing the Threshold: Nova Productions Snookered in Copyright Dispute over Pool-Based Computer Games by Silas Brown, 159 Copyright World 12 (2006) (for website, see above)

A Tricky Problem: European Market for Online Music Behind U.S. as a Result of Complex Licensing Structure by Conan Chitham, 158 Copyright World 13 (2006) (for website, see above)

Secondary Liability for Third Parties’ Copyright Infringement Upheld by the Supreme Court: MGM Studios, Inc. v. Grokster, Ltd. by Sue Ann Mota, 32 Rutgers Computer & Technology Law Journal 62 (2005)

Why There May Not be an Extraterritorial Sport Right to Online Gambling by Ola O. Olatawura, 27 Loyola of Los Angeles International and Comparative Law Review 371 (2005)

Internet Libel and the Communications Decency Act: How the Courts Erroneously Interpreted Congressional Intent with Regard to Liability of Internet Service Providers by Emily K. Fritts, 93 Kentucky Law Journal 765 (2004)

The Right of Publicity and Autonomous Self-Definition by Mark P. McKenna, 67 University of Pittsburgh Law Review (2005)

Director Independence and the Duty of Loyalty: Race, Gender, Class and the Disney-Ovitz Litigation by Larry Cata Backer, 79 St. John’s Law Review 1011 (2005)

The Supreme Court Speaks to Technology Companies on Ethics: MGM v. Grokster by Stuart Meyer, 23 The Computer & Internet Lawyer 34 (2006) (edited by Arnold & Porter and published by Aspen Publishing)

What Copyright Teaches Patent Law About “Fair Use” and Why Universities Are Ignoring the Lesson by Lorelei Ritchie de Larena, 84 Oregon Law Review 779 (2005)

The Wild, Wild West: A Privacy Showdown on the Radio Frequency Identification (RFID) Systems Technological Frontier by Darren Handler, 32/2 Western State University Law Review 199 (2005)

Celebrity Privacy after Hosking v Runting: Entertaining the Public with Private Lives, 11 Te Mata Koi Auckland University Law Review 86 (2005)

Political Speech: Priceless-MasterCard v. Nader and the Intersection of Intellectual Property and Free Speech by Eileen Hintz Rumfelt, 55 Emory Law Journal 389 (2006)

Origins of the Public Figure Doctrine in First Amendment Defamation Law by Catherine Hancock, 50 New York Law School Law Review 81 (2005)

Privacy, Princesses, and Paprazzi by Barbara McDonald, 50 New York Law School Law Review 205 (2005)

Out of Thin Air: Using First Amendment Public Forum Analysis to Redeem American Broadcasting Regulation by Anthony Varona, 39 University of Michigan Journal of Law Reform 149 (2006)

Race, Media Consolidation, and Online Content: The Lack of Substitutes Available to Media Consumers of Color by Leonard M. Baynes, 39 University of Michigan Journal of Law Reform 199 (2006)

Not from Concentrate? Media Regulation at the Turn of the Millennium, 39 University of Michigan Journal of Law Reform 199 (2006)

Trademark and Copyright Restrictions on Internet Resale Activities by Mark D. Robins, 23 The Computer & Internet Lawyer 1 (2006) (published by Aspen Publishers, edited by Arnold & Porter)

Preserving Fine Art from the Ravages of Art Restoration by Heidi Stroh, 16 Albany Law Journal of Science & Technology 239 (2006)

Solving the Digital Piracy Puzzle: Disaggregating Fair Use from the DMCA’s Anti-Device Provisions by Jacqueline D. Lipton, 19 Harvard Journal of Law & Technology 111 (2005)

Will Congress Kill the Podcasting Star? by Matthew J. Astle, 19 Harvard Journal of Law & Technology 161 (2005)

Clarett v. NFL and the Reincarnation of the Nonstatutory Labor Exemption in Professional Sports by Walter Champion, 47/3 South Texas Law Review (2006)

Corbis Corp. v. Amazon.com, Inc — Needlessly Endorsing Overly Strict U.S. Registration Requirements in Copyright Infringement Litigation by Sara Goldfarb, 20 St. John’s Journal of Legal Commentary 419 (2006)

The Commitment to Participate Rule: The NCAA Fights to Keep the March Madness Ball in Its Court by Paul Fellin, 20 St. John ’s Journal of Legal Commentary 501 (2006)

Corporate Media Power, Corruption, and the Media Exemption by Joshua L. Shapiro, 55 Emory Law Journal 161 (2006)

The National Hockey League and Salary Arbitration: Time for a Line Change by Stephen J. Yoost, 21 Ohio State Journal on Dispute Resolution 485 (2006)