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Columbia Journal of Law & the Arts
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The Columbia Journal of Law & the Arts is a quarterly, student-edited publication dedicated to up-to-date and in-depth coverage of legal issues involving the art, entertainment, sports, intellectual property, and communications industries. Founded in 1975, the journal is one of the most-cited periodicals devoted to arts law issues and features contributions by scholars, judges, practitioners, and students. https://lawandarts.org/
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2. Abandoning the Use of Abstract Formulations in Interpreting RLUIPA’s Substantial Burden Provision in Religious Land Use Cases
3. A Digital Public Library of America? Collective Management's Implications for Privacy, Private Use and Fair Use
4. Adjusting The Dress Code: Implementing Trade Dress Reform to Burgeon User Experience (UX) Protections
5. Alternatives to Collective Management: DRMs and Other Business/Technology Options
6. A Mask that Eats into the Face: Images and the Right of Publicity
7. Among the Digital Luddites
8. An Approach to Why Typography Should be Copyrightable
9. A New Copyright Bargain? Reclaiming Lost Culture and Getting Authors Paid
10. “Anything Goes”: Regulating the Conduct of Money-Bundling Broadway Co-Producers
11. A Performing Rights Organization Perspective: The Challenges of Enforcement in the Digital Environment
12. Applying Star Athletica’s Teachings in the Copyright Office
13. Archives in the Digital Age
14. A Response to Professor Menell: A Remix Compulsory License Is Not Justified
15. Art and the First Amendment
16. Artificial Intelligence’s Fair Use Crisis
17. A Shield Does Not Fall in Hazelwood: Privileging the Legitimate Journalism of High School Student Reporters
18. A Tale of Three Hoaxes: When Literature Offends the Law
19. A Theory of IP's Negative Space
20. Audiovisual Works and the Work for Hire Doctrine in the Internet Age
21. Author-Centered Copyright Enforcement?
22. Authorship and the Boundaries of Copyright: Ideas, Expressions, and Functions in Yoga, Choreography, and Other Works
23. Authors’ Human Rights and Copyright Policy
24. Authors, Online
25. Beyond Whack-a-Mole: Content Protection in the Age of Platform Accountability
26. Blockchains, Orphan Works, and the Public Domain
27. Blocking Copyrights Revisited
28. Bloody Foundation? Ethical and Legal Implications of (Not) Removing the Equestrian Statue of Theodore Roosevelt at the American Museum of Natural History
29. Bring Back the Noise: How Cariou v. Prince Will Revitalize Sampling
30. Burdens of the Dead: Postmortem Right of Publicity Statutes and the Dormant Commerce Clause
31. Can Stephen Colbert Bring Back Stephen Colbert? Alternate, Fictional Personas in Copyright
32. Can the New York Legislature Bring Back Authentication Boards? The Effect of Proposed Legislation on Liability for Art Authenticators
33. Capitol Records v. Vimeo: The Peculiar Case of Pre-1972 Sound Recordings and Federal Copyright Law
34. Combating Trademark Infringement Online: Secondary Liability v. Partnering Facility
35. Comment: Foreign Contracts and U.S. Copyright Termination Rights: What Law Applies?
36. Competition and the Collective Management of Copyright
37. Compulsory Licensing and Administrative Procedures in Canada
38. Constitutional Hazard: The California Resale Royalty Act and the Futility of State-Level Implementation of Droit de Suite Legislation
39. Constitutional Obstacles? Reconsidering Copyright Protection for Pre-1972 Sound Recordings
40. Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment
41. Converging Standards of Protection from Secondary Liability for Trademark and Copyright Infringement Online
42. Copyrightability of Conceptual Art: An Idea Whose Time Hasn’t Come
43. Copyright Alert Enforcement: Six Strikes and Privacy Harms
44. Copyright for Blockheads: An Empirical Study of Market Incentive and Intrinsic Motivation
45. Copyright from Inside the Box: A View from the U.S. Copyright Office
46. Copyright Industry Perspectives: The Pivotal Role of TPMs in the Evolution of the Video Game Industry
47. Copyright in the Digital Environment: Restoring the Balance: 24th Annual Horace S. Manges Lecture, April 6, 2011
48. Copyright Issues and Section 108 Reform
49. Copyright Law v. Trade Policy: Understanding the Golan Battle Within the Tenth Circuit
50. Copyright, Moral Rights and the First Amendment: The Problem of Integrity and Compulsory Speech
51. Copyright Policy and the Problem of Generalizing
52. Copyright Protection for Applied Art and Works of Artistic Craftsmanship After Star Athletica
53. Copyright Reversion in The Creative Industries: Economics and Fair Remuneration
54. Copyright’s Illogical Exclusion of Conceptual Art
55. Copy Write: The Author Survival Guide
56. “Courts Have Twisted Themselves into Knots”: U.S. Copyright Protection for Applied Art
57. Cross-Border Issues in Collective Management
58. Curious Cases of Copyrightability Before the Copyright Office
59. “Defamation Live”: The Confusing Legal Landscape of Republication in Live Broadcasting and a Call for a “Breaking News Doctrine”
60. Developing a Copyright System That Works For Songwriters
61. Digital Replicas, Performers’ Livelihoods, and Sex Scenes: Likeness Rights for the 21st Century
62. Digitize, Democratize: Libraries and the Future of Books
63. Does Art Need Copyright After All?
64. Do We Need a New Conception of Authorship?
65. Downstream Alteration of Copyrighted Works in a World of Licensed, Digital Distribution
66. Dron’t Stop Me Now: Prioritizing Drone Journalism in Commercial Drone Regulation
67. Dr. Strange Geo-Blocking Love Or: How The E.U. Learned To Stop Worrying About Cultural Integration And Love The TV Trade Barrier
68. Email as Archives: You Have to Have it Before You Worry About It
69. Embedding Content or Interring Copyright: Does the Internet Need the “Server Rule”?
70. Emergent Works
71. EU Contractual Protection of Creators: Blind Spots and Shortcomings
72. Evaluating Graduated Response
73. Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to DeFang a Popular and Powerful Weapon Against Frivolous Litigation
74. Expanding the Spectrum: Open Access and the Internet Age
75. Ex Post Modernism: How the First Amendment Framed Nonrepresentational Art
76. Extraterritorial Lockouts in Sports: How the Alberta Labour Board Erred in Declining Jurisdiction over the NHL
77. Facilitating Transactions and Lawful Availability of Works of Authorship: Online Access to the Cultural Heritage and Extended Collective Licenses
78. Facilitating Transactions and Lawful Availability of Works of Authorship: The U.S. Perspective
79. Fair Trade Copyright
80. Fair Use and the New Transformative
81. Fiction, Culture and Pedophilia: Fantasy and the First Amendment after United States v. Whorley
82. Foreign Authors’ Enforcement of U.S. Reversion Rights
83. Fragmented Literal Similarity in the Ninth Circuit: Dealing with Fragmented Takings of Jazz and Experimental Music
84. Freeing the Press from Editorial Discretion and Hegemony in Bona Fide News: Why the Revolution Must Be Televised
85. From Dumpster to Dicta: How the BALCO Investigation Created Incurable Violations of Players' Rights and How to Prevent Them
86. From Meerkat to Periscope: Does Intellectual Property Law Prohibit the Live Streaming of Commercial Sporting Events?
87. Front Matter
88. Gambling on Disability Rights
89. Gone but Not Forgotten: The End of Fractional Giving and the Search for Alternatives
90. Highway Art Policy Revisited: Rethinking Transfers of Copyright Ownership in State-Owned Transportation Artwork
91. How Conceptual Art Challenges Copyright’s Notions of Authorial Control and Creativity
92. How Much Should Being Accommodate Becoming? Copyright in Dynamic and Permeable Art
93. Iancu v. Brunetti’s Impact on First Amendment Law: Viewpoint Discrimination, Modes of Offensive Expression, Proportionality and Profanity
94. If It Ain't Broke . . . Copyright's Fixation Requirement and Cultural Citizenship
95. If It’s Broke, Fix It: Fixing Fixation
96. If Mass Digitization Is the Problem, Is Legislation the Solution? Some Practical Considerations Related to Copyright
97. If Only We Could Reach the Shoals: Barriers to Archives Digitization
98. International Choice of Law in Trademark Disputes From a Territorial Approach to a Global Approach
99. International Issues: Which Country's Law Applies When Works are Made Available Over the Internet?
100. Internet Service Provider Liability: Imposing a Higher Duty of Care
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