Entertainment Law Reporter
www.EntertainmentLawReporter.com
September 2006 Volume 28 Number 4

In the Law Reviews:

Entertainment and Sports Lawyer, A Publication of the ABA Forum on the Entertainment and Sports Industries, (800) 285-2221, has published Volume 23, Number 4 and Volume 24, Number 1 with the following articles:

Pinned Down: Labor Law and Professional Wrestling: Part II: Works in the Billion Dollar Pro-Wrestling Industry by Jamie Sharp, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 1 (2006) (for phone number, see above)

Sundance 2006 by Dan Satorius, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 1 (2006) (for phone number, see above)

Prime Time Anytime: Wireless Video on Demand by Eleanor Sasis, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 1 (2006) (for phone number, see above)

Federal Court Rejects Russian Team’s Attempt to Prevent Hockey Sensation Ovechkin from Playing in the NHL by Peter J.W. Sherwin and Steven Holinstat, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 3 (2006) (for phone number, see above)

Fantasy Meets Reality: Examining Ownership Rights in Player Statistics by Robert Freeman and Peter Scher, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 7 (2006) (for phone number, see above)

Branded Entertainment and Product Integration: A Revolution in Its Infancy by Steven N. Lewis, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 9 (2006) (for phone number, see above)

Music Money and Success, 5th Edition, Reviewed by Steven N. Lewis, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 12 (2006) (for phone number, see above)

The Uproar Concerning Steroids in Baseball: A Slippery Slope with No Clear Answers by Joseph Siprut, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 13 (2006) (for phone number, see above)

Democracy in Action: Hair Splitting on the Sundance Case in the Adult Industry by Philip Green, 23/4 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 14 (2006) (for phone number, see above)

The 2004 Athens Olympics: A Cost Benefit Analysis by Panagiotis C. Poulios, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 1 (2006) (for phone number, see above)

From Book to Screen: Mining Literary Works in the Movie Business by Daniel M. Satorius, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 1 (2006) (for phone number, see above)

The History and Recurring Issues of Ringtones: Lessons for the Future of Mobile Content by Steven Masur and Ursa Chitrakar, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 1 (2006) (for phone number, see above)

Editor’s Comment: The Measure of Our Success by Bob Pimm, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 2 (2006) (for phone number, see above)

Pinned Down: Labor Law and Professional Wrestling, Part III by Jamie Sharp, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 3 (2006) (for phone number, see above)

Sign Up the Next Lebron James Before He Leaves High School? Not So Fast! by Mark Rosenthal and Brian Yates, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 9 (2006) (for phone number, see above)

The Army-Navy Game by Clark Griffith, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 11 (2006) (for phone number, see above)

In-house Counsel Wield Tighter Control Over Outside Counsel by Rob Thomas, 24/1 Entertainment and Sports Lawyer, a Publication of the ABA Forum on the Entertainment and Sports Industries 12 (2006) (for phone number, see above)

The University of Chicago Journal of Law & Economics (www.journals.uchicago.edu/JLE) has published Volume 49, Issue 1 including a Symposium: Piracy and File Sharing with the following articles:

File Sharing: Creative Destruction or Just Plain Destruction? by Stan J. Liebowitz, 49 The Journal of Law & Economics 1 (2006) (for website, see above)

Piracy on the High C’s: Music Downloading, Sales Displacement, and Social Welfare in a Sample of College Students by Rafael Rob and Joel Waldfogel, 49 The Journal of Law & Economics 29 (2006) (for website, see above)

Measuring the Effect of File Sharing on Music Purchases by Alejandro Zentner, 49 The Journal of Law & Economics 63 (2006) (for website, see above)

Impact of Legal Threats on Online Music Sharing on Activity: An Analysis of Music Industry Legal Actions by Sudip Bhattacharjee, Ram D. Gopal, Kaveepan Lertwachara, and James R. Marsden, 49 The Journal of Law & Economics 91 (2006) (for website, see above)

The Second Annual Distinguished Lecture in Intellectual Property and Communications Law: Creative Economies by Lawrence Lessig, 2006 Michigan State Law Review 33 (2006)

The Technological Revolution Will Not Be Televised: Canadian Copyright and Internet Transmissions by Matt Jackson, 2006 Michigan State Law Review 133 (2006)

The Public Interest in Moral Rights Protection by Dr. Margaret Ann Wilkinson, 2006 Michigan State Law Review 193 (2006)

The Final Cut: How SAG’s Failed Negotiations with Talent Agents Left the Contractual Rights of Rand-And-File Actors on the Cutting Room Floor by Kelli Shope, 26 Journal of the National Association of Administrative Law Judges 123 (2006) (published by Pepperdine University School of Law)

The Journal of the copyright Society of the USA (www.csusa.org) has published Volume 53,  Numbers 3 and 4 with the following articles, including the Prize Winning Papers of the Nathan Burkan Memorial Competition:

Copyright’s “Staple Article of Commerce” Doctrine Patently Misguided the Brace Memorial Lecture by David Nimmer in collaboration with Peter Menell, 53 Journal of the Copyright Society of the USA 365 (2006) (for website, see above)

Copyright Under Siege: Reflections of an In-House Counsel, the Meyer Memorial Lecture by Henry Horbaczewski, 53 Journal of the Copyright Society of the USA 387 (2006) (for website, see above)

Infringement of the Adaptation Right: A Derivative Work Need Not Be “Fixed” for the Law to Be Broken by Tamara Peters (Nathan Burkan winner), 53 Journal of the Copyright Society of the USA 401 (2006) (for website, see above)

Passing the Global Test: DMCA §1201 ad an International Model for Transitioning Copyright Law into the Digital Age by Chris Kruger, 53 Journal of the Copyright Society of the USA 447 (2006) (for website, see above)

Infringement of the Adaptation Right: A Derivative Work Need Not Be “Fixed” for the Law to Be Broken, Nathan Burkan Memorial Competition Prize Winning Paper by Tamara C. Peters,  53 Journal of the Copyright Society of the USA 401 (2006) (for website, see above)

Passing the Global Test: DMCA §1201 as an International Model for Transitioning Copyright Law Into the Digital Age Nathan Burkan Memorial Competition Prize Winning Paper by Chris Kruger, 53 Journal of the Copyright Society of the USA 447 (2006) (for website, see above)

Will Lessig Succeed in Challenging the CTEA, Post-Eldred?, Nathan Burkan Memorial Competition Prize Winning Paper by Matthew Dean Stratton, 53 Journal of the Copyright Society of the USA 481 (2006) (for website, see above)

More Lessons About Professional Responsibility from “The Lion Sleeps Tonight” Case by Ken Cavalier, 53 Journal of the Copyright Society of the USA 529 (2006) (for website, see above)

Research, Libraries, and Fair Use: The Gentlemen’s Agreement of 1935 by Peter B. Hirtle, 53 Journal of the Copyright Society of the USA 545 (2006) (for website, see above)

The U.S. “Work for Hire” Doctrine Before German Courts: Rejection and Reception by Jan Bernd Nordemann, 53 Journal of the Copyright Society of the USA 603 (2006) (for website, see above)

Should Sound Recordings Really Be Treated Differently Than Other Copyrighted Works: The Illogic of Bridgeport v. Dimension Films by Eric Charles Osterberg, 53 Journal of the Copyright Society of the USA 619 (2006) (for website, see above)

Work for Hire: Freedom of Contract, and the “Creative Genius” After the Martha Graham Case by Judith Beth Prowda, 53 Journal of the Copyright Society of the USA 645 (2006) (for website, see above)

Binns Revisited by William Manz, 53 Journal of the Copyright Society of the USA 684 (2006) (for website, see above)

Saint Louis University Law Journal has published Volume 50, Number 1 with the following articles”

Foreword by Nicolas P. Terry, 50 Saint Louis University Law Journal 1 (2005)

Sports Medicine: Doping, Disability & Health Quality: Keynote Address by Richard W. Pound, 50 Saint Louis University Law Journal 7 (2005)

Doping in Sports and t he Use of State Power by Maxwell J. Mehlman, Elizabeth Banger & Matthew M. Wright, 50 Saint Louis University Law 15 (2005)

Making the WADA Prohibited List: Show Me the Data by Srikumarun Melethil, 50 Saint Louis University Law Journal 75 (2005)

Does the Constitution Apply to the Actions of the United States Anti-Doping Agency? by Dionne L. Koller, 50 Saint Louis University Law Journal 91 (2005)

The Intersection of Sports and Disability: Analyzing Reasonable Accommodations for Athletes with Disabilities by Maureen A. Weston, 50 Saint Louis University Law Journal 137 (2005)

The Problem of the Sports Doctor: Service Two (Or Is It Three or Four?) Masters by Barry R. Furrow, 50 Saint Louis University Law Journal 165 (2005)

Sports Medicine Conflicts: Team Physicians vs. Athlete-Patients by Steve P. Calandrillo, 50 Saint Louis University Law Journal 185 (2005)

Entertainment law review, www.sweetandmaxwell.co.uk, has published Volume 17, Issues 5 and 6 with the following articles:

Copyright in the Age of Mass Digitisation by Adrian C. Laing, 17/5 Entertainment Law Review 133 (2006) (for website, see above)

The DADVSI Code: Remodelling French Copyright Law for the Information Society by Jean Philippe Hugot and Olivier Hugot, 17/5 Entertainment Law Review 139 (2006) (for website, see above)

French Supreme Court Upholds Legality of DVD Anti-Copy Measures by Winston Maxwell and Julie Massloux, 17/5 Entertainment Law Review 145 (2006) (for website, see above)

Fascinating and Absorbing…a Great Riveting Read by Peter Groves, 17/5 Entertainment Law Review 148 (2006) (for website, see above)

The Lowedown on Fair Comment by Julia Schopflin, 17/5 Entertainment Law Review 150 (2006) (for website, see above)

Breach of Compromise Agreement-The Rubettes by Andrew Hobson, 17/5 Entertainment Law Review 152 (2006) (for website, see above)

Traditional and Travelling Entertainers v Temporary Events Notices by Sarah Clover, 17/5 Entertainment Law Review 155 (2006) (for website, see above)

Book Review: The A-Z of Contract Clauses by Deborah Fosbrook and Adrian C. Laing, 17/5 Entertainment Law Review 159 (2006) (for website, see above)

A Raw Deal for Performers: Part 1-Term of Copyright by Nigel Parker, 17/6 Entertainment Law Review 161 (2006) (for website, see above)

Legal Implications Arising from the Changing Face of Music Retailing by David Browning, Lung Chuan Chang, Jeff Forberg, Professor Mark Fox, Pai Hsiu Hsiao, Thomas Sutton and Cindy Vandervlugt, 17/6 Entertainment Law Review 167 (2006) (for website, see above)

The Commission Proposal for a New Directive on Audiovisual Content: A Feasible Solution? by Oliver Castendyk and Kathrin Bottcher, 17/6 Entertainment Law Review 174 (2006) (for website, see above)

Nova Productions Ltd v Mazooma Games Ltd by Simon Miles and Emma Stoker, 17/6 Entertainment Law Review 181 (2006) (for website, see above)

London Olympic Games and Paralympic Games Act 2006: Less Presumptive than the London Olympics Bill by Anna Marie Blakeley, 17/6 Entertainment Law Review 183 (2006) (for website, see above)

Book Review: Terrell on the Law of Patents by Simon Thorley, Q.C., Richard Miller Q.C., Guy Burkill Q.C. and Colin Birss, 17/6 Entertainment Law Review 186 (2006) (for website, see above)

Book Review: The Law of Defamation and the Internet (2nd edn.) by Matthew Collins, 17/6 Entertainment Law Review 186 (2006) (for website, see above)

The UCLA Entertainment Law Review has published Volume 13, Issue 2 with the following articles:

Commercial Speech, Intellectual Property Rights & Advertising Using Virtual Images Inserted in TV, Film and the Real World by Woodrow Barfield, 13 UCLA Entertainment Law Review (2006)

Indecent Exposure: An Economic Approach to Removing the Boob from the Tube by B. Chad Bungard, 13 UCLA Entertainment Law Review (2006)

Harsh Realities: Substantial Similarity in the Reality TV Context by Daniel Fox, 13 UCLA Entertainment Law Review (2006)

A Proposal in Hindsight: Restoring Copyright’s Delicate Balance by Reworking 17 U.S.C. §1201 by Daniel S. Hurwitz, 13 UCLA Entertainment Law Review (2006)

Comm/ent: Hastings communications and entertainment law journal has published Volume 28, Number 3 with the following articles:

I Always Feel Like Someone is Watching Me: A Technological Solution for Online Privacy by David Goldman, 28 Comm/Ent: Hastings Communications and Entertainment Law Journal (2006)

The Conceptual Game in Copyright by Lior Zemer, 28 Comm/Ent: Hastings Communications and Entertainment Law Journal (2006)

The Vanderbilt Journal of Entertainment and Technology Law has published Volume 8, Numbers 2 and 3 with the following articles including the Grammy Foundation® Entertainment Law Initiative 2006 Writing Competition in Number 3:

The Age of Innocence: The First 25 Years of the National Collegiate Athletic Assocation. 1906-1931 by W. Burlette Carter, 8/2 Vanderbilt Journal of Entertainment and Technology Law 211 (2006)

VideoGame Music: Where It Came From, How It Is Being Used Today, and Where It Is Heading Tomorrow by Michael Cerrati, 8/2 Vanderbilt Journal of Entertainment and Technology Law 293 (2006)

D.I.Y After Dastar: Protecting Creators’ Moral Rights Through Creative Lawyering, Individual Contracts and Collectively Bargained Agreements by Rick Mortensen, 8/2 Vanderbilt Journal of Entertainment and Technology Law 335 (2006)

Distinctly Delineated Fictional Characters That Constitute the Story Being Told: Who Are They and Do They Deserve Independent Copyright Protection? by Jasmina Zecevic, 8/2 Vanderbilt Journal of Entertainment and Technology Law 363 (2006)

Is the ADA Short-Sighted? An Analysis of Sightline Regulations in Movie Theaters by Michael D. Driver, 8/2 Vanderbilt Journal of Entertainment and Technology Law 399 (2006)

Honor Among Thieves: Copyright Infringement in Internet Fandom by Christina Z. Ranon, 8/2 Vanderbilt Journal of Entertainment and Technology Law 421 (2006)

Is the Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire by Amanda Schlager, 8/2 Vanderbilt Journal of Entertainment and Technology Law 456 (2006)

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, 8/3 Vanderbilt Journal of Entertainment and Technology Law 503 (2006)

Don’t Shoot the Speaker: Why Forfeiture Liability for Indecency Violations over Broadcast Media Cannot Be Expanded to Cover the Speaker by Kevin Bennardo, 8/3 Vanderbilt Journal of Entertainment and Technology Law 515 (2006)

The Dissonant Tune of International Harmoization and the Domestic Duration of Phonorecord Protection by Caz McChrystal, 8/3 Vanderbilt Journal of Entertainment and Technology Law 523 (2006)

The Mouse That Roared: Addressing the Post-Modern Quandary of Mash-Ups Through Traditional Fair Use Analysis by Aaron Power, 8/3 Vanderbilt Journal of Entertainment and Technology Law 531 (2006)

Scuffling for a Slice of the Ringtone Pie: Evaluating Legal and Business Approaches to Copyright Clearance Issues by Carmen Kate Yuen,  8/3 Vanderbilt Journal of Entertainment and Technology Law (2006)

Celebrities in the Courtroom: Legal Responses, Psychological Theory and Empirical Research by Jared Chamberlain, Monica K. Miller, and Alayna Jehle, 8/3 Vanderbilt Journal of Entertainment and Technology Law 551 (2006)

SPAM v. Ms. Piggy: An Entertainment Law Cautionary Tale by Candi Henry, 8/3 Vanderbilt Journal of Entertainment and Technology Law 573 (2006)

Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is a Proper Deductible Expense for Non-Willful Copyright Infringers by Christine Ballard, 8/3 Vanderbilt Journal of Entertainment and Technology Law 585 (2006)

Bloggers as Reporters: An Effect-Based Approach to First Amendment Protections in a New Age of Information Dissemination by Stephanie J. Frazee, 8/3 Vanderbilt Journal of Entertainment and Technology Law 609 (2006)

Revenue Sharing and the Salary Cap in the NFL: Perfecting the Balance Between NFL Socialism and Unrestrained Free Trade by Clay Moorhead, 8/3 Vanderbilt Journal of Entertainment and Technology Law 641 (2006)

Frozen in Time? New Technologies, Fixation, and the Derivative Work Right by Patrick W. Ogilvy, 8/3 Vanderbilt Journal of Entertainment and Technology Law 687 (2006)

Loyola of Los Angeles Entertainment Law Review has published Volume 26, Number 2 with the following articles:

The Privacy of Death: An Emergent Jurisprudence and Legal Rebuke to Media Exploitation and a Voyeuristic Culture by Clay Calvert, 26 Loyola of Los Angeles Entertainment Law Review (2005-2006)

If You Fail, Try Again: The Fate of New Legislation Curbing Minors’ Access to Violent and Sexually Explicit Video Games by Russell Morse, 26 Loyola of Los Angeles Entertainment Law Review (2005-2006)

Indecent Content on Satellite Radio: Should the FCC Step In? by Gregory B. Phillips, 26 Loyola of Los Angeles Entertainment Law Review (2005-2006)

Cardozo Arts & Entertainment Law Journal has published Volume 24, Number 1 with the following articles:

Introduction to David Nimmer’s Modest Proposal by Justin Hughes, 24 Cardozo Arts & Entertainment Law Journal 1 (2006)

A Modest Proposal to Streamline Fair Use Determinations by David Nimmer, 24 Cardozo Arts & Entertainment Law Journal 11 (2006)

Sense and Nonsense in Measuring Sponsorship Confusion by Jacob Jacoby, 24 Cardozo Arts & Entertainment Law Journal 63 (2006)

“We-Intention” and the Limits of Copyright by Lior Zemer, 24 Cardozo Arts & Entertainment Law Journal 99 (2006)

Catch 1201: A Legislative History and Content Analysis of the DMCA Exemption Proceedings by Bill D. Herman & Oscar H. Gandy, Jr., 24 Cardozo Arts & Entertainment Law Journal 121 (2006)

Your Revolution: The Federal Communications Commission, Obscenity and the Chilling of Artistic Expression on Radio Airwaves by Nasoan Shefte-Gomes, 24 Cardozo Arts & Entertainment Law Journal 191 (2006)

The “News” from the Feed Looks Like News Indeed: On Video News Releases, the FCC, and the Shortage of Truth in the Truth in Broadcasting Act of 2005 by Janel Alania, 24 Cardozo Arts & Entertainment Law Journal 229 (2006)

Villanova Sports & Entertainment Law Journal has published Volume 13, Issue 2 with the following articles:

Title IX after Thirty-Four Years-Retaliation  Is Not Allowed According to the Supreme Court in Jackson v. Birmingham Board of Education by Sue Ann Mota, 13 Villanova Sports & Entertainment Law Journal 245 (2006)

The Digital Revolution Is Being Downloaded: Why and How the Copyright Act Must Change to Accommodate an Ever-Evolving Music Industry by Marcy Rauer Wagman & Rachel Ellen Kopp, 13 Villanova Sports & Entertainment Law Journal 271 (2006)

Is the Price of Victory Just?: Attorney’s Fees, Punitive Damages, and the Future of Title IX in Mercer v. Duke University by Sabrina Bosse, 13 Villanova Sports & Entertainment Law Journal 319 (2006)

National Cable & Telecommunications Ass’n v. Brand X Internet Services: A War of Words, the Effect of Classifying Cable Modum Service as an Information Service by David P. Manni, 13 Villanova Sports & Entertainment Law Journal 353

Blocked Airwaves: Using Legislation to Make Non-Compete Clauses Unenforceable in the Broadcast Industry and the Potential Effects of Proposed Legislation in Pennsylvania by Cristin T. Kist, 13 Villanova Sports & Entertainment Law Journal 391 (2006)

Marquette Sports Law Review has published Volume 16, Number 2 with the following articles:

An Overview of Non-Analytical Positive & Circumstantial Evidence Cases in Sports by Richard H. McLaren, 16 Marquette Sports Law Review 193 (2006)

Antitrust and Inefficient Joint Ventures: Why Sports Leagues Should Look More Like McDonald’s and Less Like the United Nations by Stephen F. Ross and Stefan Szymanski, 16 Marquette Sports Law Review 213 (2006)

Affirmative Injunctions in Athletic Employment Contracts: Rethinking the Place of the Lumley Rule in American Sports Law by Geoffrey Christopher Rapp, 16 Marquette Sports Law Review 261 (2006)

The “Theater of Dreams”? Manchester United FC: Globalization and International Sports Law by Ola Olatawura, 16 Marquette Sports Law Review 287 (2006)

What Athletic Departments Must Know About Title IX and Sexual Harassment by Holly Hogan, 16 Marquette Sports Law Review 317 (2006)

Baseball Bats in the High Tech Era: A Products Liability Look at New Technology, Aluminum Bats and Manufacturer Liability by Matthew R. Wilmot, 16 Marquette Sports Law Review 353 (2006)

2005 Annual Survey: Recent Developments in Sports Law by Susan K. Menge, 16 Marquette Sports Law Review 381 (2006)

Wrong At All Costs: An Analysis of a University’s Potential Liability for Sexual Assaults Committed by Its Student Athletes by Jenni F. Spies, 16 Marquette Sports Law Review 429 (2006)