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Sherri L. Burr - Entertainment Law in a Nutshell: 5

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Sherri L. Burr Entertainment Law in a Nutshell: 5
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Entertainment Law in a Nutshell: 5: summary, description and annotation

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This compact reference gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field of entertainment law. Professor Burr also addresses specific legal issues that arise in the film, music, and television industries, including discussion of the rise of reality television. This Nutshell is ideal as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.

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WEST ACADEMIC PUBLISHINGS EMERITUS ADVISORY BOARD JESSE H CHOPER Professor of - photo 1

WEST ACADEMIC PUBLISHINGS EMERITUS ADVISORY BOARD

JESSE H. CHOPER

Professor of Law and Dean Emeritus
University of California, Berkeley

YALE KAMISAR

Professor of Law Emeritus, University of San Diego
Professor of Law Emeritus, University of Michigan

MARY KAY KANE

Professor of Law, Chancellor and Dean Emeritus
University of California, Hastings College of the Law

LARRY D. KRAMER

President, William and Flora Hewlett Foundation

JAMES J. WHITE

Robert A. Sullivan Emeritus Professor of Law
University of Michigan

WEST ACADEMIC PUBLISHINGS LAW SCHOOL ADVISORY BOARD

JOSHUA DRESSLER

Distinguished University Professor Emeritus
Michael E. Moritz College of Law, The Ohio State University

MEREDITH J. DUNCAN

Professor of Law
University of Houston Law Center

RENE M c DONALD HUTCHINS

Dean and Joseph L. Rauh, Jr. Chair of Public Interest Law
University of the District of Columbia David A. Clarke School of Law

RENEE KNAKE JEFFERSON

Joanne and Larry Doherty Chair in Legal Ethics &
Professor of Law, University of Houston Law Center

ORIN S. KERR

Professor of Law
University of California, Berkeley

JONATHAN R. MACEY

Professor of Law,
Yale Law School

DEBORAH JONES MERRITT

Distinguished University Professor,
John Deaver Drinko/Baker & Hostetler Chair in Law
Michael E. Moritz College of Law, The Ohio State University

ARTHUR R. MILLER

University Professor, New York University
Formerly Bruce Bromley Professor of Law, Harvard University

GRANT S. NELSON

Professor of Law Emeritus, Pepperdine University
Professor of Law Emeritus, University of California, Los Angeles

A. BENJAMIN SPENCER

Dean & Chancellor Professor of Law
William & Mary Law School

ENTERTAINMENT
LAW

IN A NUTSHELL

FIFTH EDITION

SHERRI L. BURR

Dickason Chair and Regents Professor Emerita
University of New Mexico

Entertainment Law in a Nutshell 5 - image 2

The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

Nutshell Series, In a Nutshell and the Nutshell Logo are trademarks registered in the U.S. Patent and Trademark Office.

West, a Thomson business, 2004

2007 Thomson/West

2013 Thomson Reuters

2017 LEG, Inc. d/b/a West Academic

2021 LEG, Inc. d/b/a West Academic

444 Cedar Street, Suite 700
St. Paul, MN 55101
1-877-888-1330

West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license.

Printed in the United States of America

ISBN: 978-1-63659-083-7

iii

I hereby dedicate this book to my friend and writing colleague, Loretta Hall. It has been a pleasure to work with you on many creative endeavors.

Sherri Burr
May 2021

v

ACKNOWLEDGMENTS

The fifth edition of Entertainment Law in a Nutshell benefitted from the services of the UNM Law Schools Copy Center. In the fourth edition, the author thanked her research assistant Lundyn Garrett for helpful comments toward making the editions examples salient for contemporary law students. The author also thanked Cheryl Burbank for updating the pages in the Index.

The third edition of Entertainment Law in a Nutshell benefitted from interviews with John Corbett, Tony Duarte, Giancarlo Esposito, Jos Fragoso, Martin Katz, Tony Mark, Jacques P. Mer, Brigitte Monneau, Sophia Nieves, Paulo Pereira, Eduardo Pinto, Paul Sanderson, Jos Pedro Ribeiro, Julia Sereny, Susanne Vaas, and Miguel Valverde, and Pedro Vasconcellos. The author was also fortunate to attend American Pavilion lecture events at the Cannes International Film Festival with Col Needham, Terry Gilliam and Ryan Gosling. The author also thanks Stavros Lambrinidis for introducing her to Ignasi Guardans who provided interview leads in Portugal and David Burt and Brigitte Monneau for introductions in Canada.

The author thanks the University of New Mexico, Dean Kevin Washburn, Attorney Robert St. John for the Dickason Professorship that enabled her to travel to conduct research for this book. The author expresses gratitude to UNM Law School students vi Caroline Seigel and Shelby Carlson for their research assistance, and to Kelli Grady and Lawrence Kemp for proofreading the manuscript.

For the second edition, the author interviewed the following individuals: Sabine Aigner, Robyn Ayres, Jan-Holzer Arndt, Klaus Beucher, Mat Boggs, Stephen Boyle, Sam Bray, Bruno Charlesworth, Frank I. Davis, Nelson De Sousa, Michael Emerson, Lori Flesker, Chris Gallagher, Terry Gruber, Margo Holt, Cyril Jost, Andrew Laurence, Helen Leake, Dick Marks, Anja Metzger, Jason Miller, Christopher Mills, Fess Parker, Doris Petrevcic, Dee Phelps, Tony Shaloub, Rebel Steiner, Marc Vlessing, Nancy Wilson, Morgan Woodward, Mark Woods, and Toby Wright.

For the first edition, she interviewed Wally Amos, Diane Bloom, Greg Brooker, Johnnie Cochran, Max Evans, Chris Eyre, Guillermo Figueroa, Stephen Frears, John Carlos Frey, Walon Green, Bob Guiney, Tony Hillerman, Matt Jackson, Jonathan Miller, Shirley MacLaine, Jon Moritsugu, Duncan North, Kealii Reichel, Jim Rogers, Sam Wong, and Frank Zuniga.

vii

OUTLINE

viii

3.The Schedule

ix

B. Film Censorship

x

Defenses

xi

B. Compensation

Print on Demand, Internet, and
Electronic Books

xii

Chapter 10.

Globalization of
Entertainment

xiii

TABLE OF CASES

References are to Pages

A & M Records v. Napster, 201

A & M Records, Inc. v. Napster, 201

Aalmuhammed v. Lee, 179

Abdul-Jabbar v. General Motors Corporation, 381

Adarand Constructors v. Pena, 62

Adarand Contractors v. Mineta, 62

Agee v. Paramount Communications, 83

Agnant v. Shakur, 386

Ahern v. Scholz, 340

Allen v. Scholastic Inc., 207

American Amusement Machine Assn v. Kendrick, 154

American Broadcast Companies, Inc. v. Aereo, 187

American Fedn of Musicians v. Paramount Pictures, 275

American Federation of Musicians v. St. Louis Symphony, 272

American Society of Composers, United States v., 186, 187

Anderson v. Stallone, 168

Armstrong v. NBC Universal, 158

Arnstein v. Porter, 197, 199

Aronson v. Dog Eat Dog Films, 374

Ashcroft v. ACLU, 160, 161

Autry v. Republic Productions, 335

Baxter v. MCA, 199

Bissoon-Dath v. Sony Computer Entertainment, 209

Blaustein v. Burton, 12, 166

Blizzard Entertainment, Inc. v. Reeves, 117

BMG Music v. Gonzalez, 204, 217

Borger by Borger v. Bisciglia, 133

Boring v. Google Inc., 376

Bowes v. Cincinnati Riverfront Coliseum, 95

Bredesen v. Detroit Federation of Musicians, 274

Bridgeport Music v. Dimension Films, 198

Brown v. Electronic Arts, 117

Brown v. Entertainment Merchants Assn, 155

Buchwald v. Paramount Pictures, 171

Buchwald v. Superior Court, 246

xiv

Burr v. American National Theatre and Academy, 331

Byers v. Edmondson, 136

C & C Entertainment v. Rios-Sanchez, 294

Campbell v. Acuff-Rose Music, Inc., 212

Campoverde v. Sony Pictures Entertainment, 52

Capital Cities Cable, Inc. v. Crisp, 67

Carson v. Heres Johnny Portable Toilets, Inc., 379

Cohen v. Google, Inc., 388

Columbus Rose Ltd. v. New Millennium Press, 221

Costanza v. Seinfeld, 45

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