Copyright Law

Marc Edelman, Closing the “Free Speech” Loophole: the Case for Protecting College Athletes’ Publicity Rights in Commercial Video Games

When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their reallife counterparts. For example, in NCAA Football 12, the […]

Juliet M. Moringiello, What Virtual Worlds Can Do for Property Law

62 Fla. L. Rev. 159 (2010) |   |   |   | INTRODUCTION :: Disputes over virtual world items, such as virtual money, Second Life islands, and even “sex beds,” can inform property law generally. Rights in these virtual world items, such as rights in software and many other intangible assets, are transferred by […]

Jennifer Lynch, The Eleventh Amendment and Federal Discovery: A New Threat to Civil Rights Litigation

62 Fla. L. Rev. 203 (2010) |   |   |   | ABSTRACT :: Lawyers for the State of California have argued recently in several federal civil rights cases that the state sovereign immunity doctrine bars all discovery issued to the state, its agencies, and its employees. While courts agree that sovereign immunity generally […]

Steven Hetcher, The Kids Are Alright: Applying a Fault Liability Standard to Amateur Digital Remix

62 Fla. L. Rev. 1275 (2010) | | | | INTRODUCTION :: The term “remix” is used mainly in a digital context, although there is nothing inherently digital about remix. For instance, fan fiction, a widely discussed form of remix, has developed into an important cultural phenomenon in the past forty years, clearly exhibiting a […]

Lydia Pallas Loren, Renegotiating the Copyright Deal in the Shadow of the “Inalienable” Right to Terminate

62 Fla. L. Rev. 1329 (2010)| | | | ABSTRACT :: Few people realize that many contracts that purport to transfer “all right, title and interest” in a copyright can be terminated by the author of the copyrighted work after thirty-five years (in some cases), after fifty-six years (in other cases), and sometimes even after […]

Peter K. Yu, The Graduated Response

62 Fla. L. Rev. 1373 (2010) | | | | INTRODUCTION :: In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, Internet service providers (ISPs), and other third parties. While these tactics have had only mixed results and have been heavily criticized by policymakers, civil liberties groups, consumer advocates, […]