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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. The Last Breakfast with Aunt Jemima and Its Impact on Trademark Theory
3. The Last Line of Defense: Addressing Section 512(g)’s Dwindling Capacity to Protect Educational Fair Users on the Internet
4. Trademark Fame and Corpus Linguistics
5. Applying Star Athletica’s Teachings in the Copyright Office
6. Comment: Foreign Contracts and U.S. Copyright Termination Rights: What Law Applies?
7. Copyright Protection for Applied Art and Works of Artistic Craftsmanship After Star Athletica
8. Curious Cases of Copyrightability Before the Copyright Office
9. Does Art Need Copyright After All?
10. Do We Need a New Conception of Authorship?
11. Gambling on Disability Rights
12. Highway Art Policy Revisited: Rethinking Transfers of Copyright Ownership in State-Owned Transportation Artwork
13. How Conceptual Art Challenges Copyright’s Notions of Authorial Control and Creativity
14. How Much Should Being Accommodate Becoming? Copyright in Dynamic and Permeable Art
15. Litigating Scènes à Faire
16. Making Sense of Scènes à Faire Through the Lens of Feist
17. Meet Your New Overlords: How Digital Platforms Develop and Sustain Technofeudalism
18. Merger as a Matter of Extrinsic Constraints
19. Opening Remarks: Copyrightability in the U.S. Copyright Office
20. Reinvigorating Human Rights in Internet Governance: The UDRP Procedure Through the Lens of International Human Rights Principles
21. Shifting IP Battlegrounds in the U.S.–China Trade War
22. The Five W’s of Merger
23. There’s Probably a Blackout in Your Television Future: Tracking New Carriage Negotiation Strategies Between Video Content Programmers and Distributors
24. U.S. Law’s Artificial Cabining of Moral Rights: The Copyrightability Prerequisite and Cady Noland’s Log Cabin
25. Why a Data Disclosure Law Is (Likely) Unconstitutional
26. Bloody Foundation? Ethical and Legal Implications of (Not) Removing the Equestrian Statue of Theodore Roosevelt at the American Museum of Natural History
27. Burdens of the Dead: Postmortem Right of Publicity Statutes and the Dormant Commerce Clause
28. Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment
29. Digital Replicas, Performers’ Livelihoods, and Sex Scenes: Likeness Rights for the 21st Century
30. Dron’t Stop Me Now: Prioritizing Drone Journalism in Commercial Drone Regulation
31. Embedding Content or Interring Copyright: Does the Internet Need the “Server Rule”?
32. Iancu v. Brunetti’s Impact on First Amendment Law: Viewpoint Discrimination, Modes of Offensive Expression, Proportionality and Profanity
33. Navigating the Ambiguities and Uncertainties of the Holocaust Expropriated Art Recovery Act of 2016
34. Of Trolls, Orphans, and Abandoned Marks: What’s Wrong With Not Using Intellectual Property?
35. Potentiating Loopholes: How Erratic and Piecemeal Implementation of the 1970 UNESCO Convention Has Failed to Protect Cultural Antiquities
36. Protecting the Rights of Publicity of Michael Jordan, Pele, and Muhammad Ali
37. Publicity Rights and the Estate Tax
38. Remarks on the Right of Publicity: Theory and Scope
39. Scope and Justification of the Right of Publicity
40. Selling the Artist, Not the Art: Using Personal Brand Concepts To Reform Copyright Law for the Social Media Age
41. Stirring the Pot: A Response to Rothman’s Right of Publicity
42. Term, Breadth, and Waivability
43. Territoriality, Jurisdiction, and the Right(s) of Publicity
44. The ‘Art’ of Copyright: A Practitioner’s Perspective
45. The Gallerist’s Gambit: Financial Innovation, Tax Law, and the Making of the Contemporary Art Market
46. The Need for a Federal Anti-SLAPP Law in Today’s Digital Media Climate
47. The Promises of Algorithmic Copyright Enforcement: Takedown or Staydown? Which Is Superior? And Why?
48. There and Back: Vindicating the Listener’s Interests in Targeted Advertising in the Internet Information Economy
49. The Right of Publicity’s Intellectual Property Turn
50. The Roots of Sexual Privacy: Warren and Brandeis & the Privacy of Intimate Life
51. Volition in Violation of Copyright
52. What Trademark Law Is Learning from the Right of Publicity
53. Why Movie Studios Care About Right of Publicity
54. A New Copyright Bargain? Reclaiming Lost Culture and Getting Authors Paid
55. “Anything Goes”: Regulating the Conduct of Money-Bundling Broadway Co-Producers
56. Author-Centered Copyright Enforcement?
57. Can Stephen Colbert Bring Back Stephen Colbert? Alternate, Fictional Personas in Copyright
58. Capitol Records v. Vimeo: The Peculiar Case of Pre-1972 Sound Recordings and Federal Copyright Law
59. Compulsory Licensing and Administrative Procedures in Canada
60. Copyright Reversion in The Creative Industries: Economics and Fair Remuneration
61. Dr. Strange Geo-Blocking Love Or: How The E.U. Learned To Stop Worrying About Cultural Integration And Love The TV Trade Barrier
62. EU Contractual Protection of Creators: Blind Spots and Shortcomings
63. Expanding the Spectrum: Open Access and the Internet Age
64. Facilitating Transactions and Lawful Availability of Works of Authorship: Online Access to the Cultural Heritage and Extended Collective Licenses
65. Facilitating Transactions and Lawful Availability of Works of Authorship: The U.S. Perspective
66. Foreign Authors’ Enforcement of U.S. Reversion Rights
67. Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives
68. Moral Rights: The Anti-Rebellion Graffiti Heritage of 5Pointz
69. More Money for Creators and More Support for Copyright in Society—Fair Remuneration Rights in Germany and the Netherlands
70. Remedies, Enforcement and Territoriality
71. Remedies, Enforcement and Territoriality
72. Shooting Fish in A Bliss Bucket: Targeting Money Launderers in the Art Market
73. The International Framework for the Protection of Authors: Bendable Boundaries and Immovable Obstacles
74. They Can’t Take that Away from Me: An Indemnification Solution to Unmerited VARA Claims
75. Adjusting The Dress Code: Implementing Trade Dress Reform to Burgeon User Experience (UX) Protections
76. Artificial Intelligence’s Fair Use Crisis
77. Authors’ Human Rights and Copyright Policy
78. Blockchains, Orphan Works, and the Public Domain
79. Copy Write: The Author Survival Guide
80. 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
81. I Spy: Addressing the Privacy Implications of Live Streaming Technology and the Current Inadequacies of the Law
82. None of Your Business: Protecting the Right to Write Anonymous Business Reviews Online
83. Session III: Enforcement Tools in the U.S. Government Toolbox to Support Countries’ Compliance with Copyright Obligations
84. Session III: Issues Concerning Enforcement and Dispute Resolution (Antony Taubman)
85. Session III: Issues Concerning Enforcement and Dispute Resolution (Sean Flynn)
86. Session III: Issues Concerning Enforcement and Dispute Resolution (Steven Tepp)
87. Session II: Rigidity in Global Intellectual Property Norms
88. Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms (Eric Schwartz)
89. Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms (Karyn Temple Claggett)
90. Session II: The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic Norms (Ysolde Gendreau)
91. Session I: Keynote Panel, Describing the Legal Landscape (Probir Mehta)
92. Session I: Keynote Panel, Describing the Legal Landscape (Steven Metalitz)
93. Session IV: Fair Use and Other Exceptions (David Carson)
94. Session IV: Fair Use and Other Exceptions (Jonathan Band)
95. Session IV: Fair Use and Other Exceptions (Lital Helman)
96. Session IV: Fair Use and Other Exceptions (Stan McCoy)
97. The (Social) Media is the Message: Theories of Liability for New Media Artists
98. The Transactional Origins of Authors’ Copyright
99. Who Owns Our Ancestors’ Voices? Tribal Claims to Pre-1972 Sound Recordings
100. “You Be The Judge”: An Analysis of the College Art Association’s Code of Best Practices in Fair Use for the Visual Arts
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