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Ip Matters

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Intellectual property rights violations threaten American prosperity. These continued infringements must be regulated through the avenues of Congressional power, and judicial enforcement. Proponents of strong laws that help protect owners of intellectual property rights, rely on the holding in Eldred v, Ashcroft. While naysayers of stronger laws rely on the decision in Feist v. Rural Telephone, where the Court decided that works, which lack originality and creativity, do not rise to the same level of protection afforded to violators of copyright law. This study will examine the scope of constitutional challenges that may affect copyright provisions. The goal will be to develop an understanding of what constitutional rights should be afforded to the holders of trademark, and copyright provisions. The focal point will be geared toward the world of professional sports, and the rights held by producers of clothing lines and apparel that bears the trademarks, logos, and symbols of the major sports leagues. The proclivity for financial gain and reward has led to a plethora of counterfeit items being introduced into the stream of commerce. Robust efforts to derail the influx of imitation goods have led to the NFL hiring a wide span of personnel responsible for monitoring of trademark and copyright violations. The unique concept of protecting branding with such a fervor leads to numerous cries of monopolistic power. The NFL and similar professional sports leagues such as the NHL, MLB, and the NBA all realize the entertainment value of their respective sports. These leagues take painstaking efforts to protect the video footage of their broadcasts. Such efforts have led to enforcement policies that even claim ownership of private footage shot within their respective stadiums. Should professional sports leagues have the rights to control any, and all footage captured within…...

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