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30 S. Ill. U. L.J. [i] (2005-2006)

handle is hein.journals/siulj30 and id is 1 raw text is: SOUTHERN ILLINOIS UNIVERSITY LAW JOURNAL Volume 30 Fall 2005 ARTICLES ATTORNEY'S LIENS IN ILLINOIS: AN ANALYSIS AND CRITIQUE R. J. Robertson, Jr ................................ 1 Clients sometimes do not pay the fees earned by their attorneys. In these cases, attorneys sometimes assert a lien on some of the client's property. Illinois courts have recognized a common law retaining lien and an equitable lien in favor of attorneys. The General Assembly has also enacted a statutory lien giving an attorney a lien on the money or property recovered on behalf of the client. Professor Robertson discusses these liens and how they have been interpreted by Illinois courts. He concludes that the statutory lien is an efficient and simple method for protecting an attorney's legitimate interest in being paid, without unduly harming the client's interests or their-party rights. However, he also concludes that the retaining lien has become virtually useless due to its limited scope and to ethical constraints on its assertion and that the equitable lien constitutes an unjustifiable judicial preference for attorneys who have failed to satisfy the requirements for perfecting a statutory lien. COMPULSORY LICENSES IN PEER-TO-PEER FILE SHARING: A WORKABLE SOLUTION? Michael Botein & Edward Samuels .................... 69 Peer-to-peer sharing of creative works over the Internet creates a particularly difficult issue for copyright law. Full copyright liability may be inappropriate since it might inhibit the broad dissemination of creative works promised by the new technology. On the other hand, blanket immunity from copyright liability might erode the commercial value of creative works. In an effort to strike a balance between these two extremes some commentators have proposed a compulsory license to authorize and regulate peer-to-peer distribution of copyrighted works over the Internet. Compulsory licenses are not new to intellectual property. In fact, they have been invoked to resolve several troublesome technological issues over the past quarter of a century. While some of these licenses have been moderately successful, their overall track record has been disappointing. In considering whether compulsory licenses are appropriate for peer-to-peer file sharing, this Article reviews existing compulsory licenses and their results. This Article discusses audio compulsory licenses, television compulsory licenses, and concludes by considering other aspects of the copyright system that should be kept in mind as we contemplate the adoption of yet another compulsory licensing system CYBER CHAOS: THE CLASH BETWEEN BAND FANSITES AND INTELLECTUAL PROPERTY HOLDERS Krissi J. Geary-Boehm ............................ 87 Since the advent of the Internet, fans of musical artists have used the medium to express their fandom through the creation and maintenance of fansites devoted to these artists. This Article explores the proliferation of fansites and their creators' clashes with intellectual property (IP) holders. It identifies the legal issues IP holders could assert against fansite creators and the possible defenses available to cyber fans. The Article also examines how some IP holders have tried to control fans both legally and contractually via cease-and-desist letters and often one-sided terms of usage agreements and the

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