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Ronald W. Cottrell and Ivy Williams v. National Collegiate Athletic Association, et al.; Tom Culpepper v. Cottrell, 975 So. 2d 306 (Supreme Court of Alabama, 2007)

Annie Clement

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Intellectual Property and the Media: An Examination of Copyright, Trademark, and Right of Publicity in Sport

Annie Clement

This treatise addresses the elements of the law of intellectual property (IP)—namely, copyright, trademark, and right of publicity—most important to members of the sport media. Statutes and court decisions under copyright include definition, rights of owners, fair use, licenses, secondary transmission, file sharing, and work for hire. Under trademark name confusion, dilution, trade dress, abandonment, and cancellation are described, and the current use of the right of publicity, a new member of the IP group, among athletes and entertainers is outlined. Infringement and criminal violation of IP rights are mentioned. The results of court cases focus on IP decisions in sport.