The UCLA Entertainment Law Review (“ELR”) is an international law journal published once or twice a year by the UCLA School of Law. Since 1994, ELR’s staff has worked diligently to bring to our subscribers academic work of the highest quality, as well as articles that tackle the most novel and cutting edge issues in the field of entertainment law.
Volume 20, Issue 2, 2013
The Indian Copyright (Amendment) Act of 2012 and American Digital Music Exports: Why the United States Should Make Stricter Anti-Circumvention Laws in India an American Diplomatic Priority
India presents the American music industry with a new frontier.
Thanks to the wide distribution of cell phones, an expanding digital infrastructure,
and a growing appetite for music entertainment, India has
become an important digital music export market for the United States.
However, widespread digital piracy has hampered India's potential as
a digital music market. In the United States, anti-circumvention laws
have established a legal infrastructure that defends a digital access
right independent of copyright. As a result, the United States has witnessed
the emergence of services that offer low priced digital music
that has managed to curb piracy. This article argues that the Indian
Copyright (Amendment) Act of 2012 fails to provide for the independent
access right that serves as the legal backbone of America's digital
music marketplace. In order to unlock the gateway to India's expanding
digital music consumer base, this article advocates that the United
States make the adoption of stricter anti-circumvention laws in India
an American diplomatic priority.
Given the increased use of the Internet and social media in this
fast-moving age of information and technology, the right of publicity is
becoming more problematic at the state level. Thus, this article attempts
to persuade lawmakers and the public that the right of publicity
must be modifed to keep up with the fast-progressing times. What follows
is a detailed analysis of the right ofpublicity and an argument for
why the right should be a federal right. Drawing heavily on intellectual
property scholarship and case law, this article examines the issues
and benefits surrounding the right of publicity, and uses these to advocate
for a federal right. Various case examples are provided to assist
in exploiting the problems with the right ofpublicity remaining a statebased
right. Additionally, the article provides a detailed look at how
the right of publicity, as a state-based right, is conflicting with federal
laws. Finally, the article concludes with suggestions on how to craft a
solid federal right ofpublicity statute.
The phenomenon of Internet memes pictures with juxtaposed text
that are replicated by derivative authors to the point where the pictures
transcend the importance of the original posting and its underlying
work-has become a pervasive component of mass Internet culture.
Yet, there is little legal scholarship on the subject. This Article seeks to
fill that void or at least, a small part of it-by exploring whether or
not an Internet meme could survive an action for copyright infringement
by asserting a fair use defense. To that end, this Article considers
what Internet memes are and compares them to "actual" memes, as
the term was originally conceived in Richard Dawkins's The Selfish
Gene. Positing that Internet memes share many characteristics with
actual memes as described by Dawkins, the Article goes on to show
how those memes serve the functions of the theoretical concepts that
ground the fair use defense (namely, cultural interchange, market failure,
and productive consumption). The Article ultimately argues that a
meme user will likely prevail if he asserts the fair use defense.
It's the tape that launched a thousand clips Paris Hilton's
Celebrity Sex Video became a form of "Must See TV". Celebrities are
used to performing for the camera. But when Hilton was caught on
video, she reacted as many participants do when their celebrity sex
tapes are revealed they file a lawsuit. This article explores the
various legal tools that one can consider in response to their involvement
in a dispute over a celebrity sex tape. Copyright law presents an
important framework to consider. The torts of public disclosure of
private facts, intrusion upon seclusion, and the right of publicity may
also help protect one who wishes to nail his or her opponent.
Major League Baseball Advanced Media (MLBAM or BAM) has
created one of the most successful technology platforms for broadcasting
professional baseball games online. BAM is extremely profitable,
but its exclusive online broadcast of professional baseball games
through MLB.tv may violate antitrust law. Conventional wisdom may
suggest MLBAM would be exempt from antitrust law under the judicially
created baseball exemption, but the online broadcast of professional
baseball games likely does not fall under the baseball exemption.
Therefore, an antitrust suit could be brought against BAM for its
online broadcasts. In an antitrust suit, BAM would not be considered a
single entity because of its similarities to NFL Properties in American
Needle. BAM's MLB. tv product significantly restrains trade in a relevant
market. BAM, however, will likely prevail in arguing that maintaining
competitive balance amongst its teams is a procompetitive justification.
Less restrictive alternatives exist, however, that may yet put
BAM in violation of antitrust law.
Discovering the Full Potential of the 360 Deal: An Analysis of the Korean Pop Industry, Seven-Year Statute, and Talent Agencies Act of California
The 360 deal has been an attractive option for music labels in the
United States to gain traction in the faltering music industry, but potential
legal obstacles may hinder the incentive to enter into the
deals both for the label and for the artist. Labels entering into 360
deals may find themselves liable for violating the Seven-Year Statute or
the Talent Agencies Act (TAA). With 360 agreements becoming more
popular, labels should turn to an existing music industry that has dealt
with the potential legal problems of 360 deals for years.
The Korean pop industry, commonly called "K-pop, " has taken
advantage of a 360-deal-like model for many years, and as a consequence,
many Korean labels have experienced the potential legal problems
that American labels may face. Particularly, the legal problems
faced by S.M Entertainment, a talent agency and music label giant in
South Korea, as a result of their contract with TVXQ, a popular and
hugely successful boy band, reveal exactly the type ofpotential liability
faced by American music labels. By analyzing and reviewing the current
legal landscape facing Korean labels that almost exclusively negotiate
360 agreements with their artists, music labels in the United
States can become more successful.