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Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren Nov 2016

Gif Gaffe: How Big Sports Ignored Lenz And Used The Dmca To Chill Free Speech On Twitter, Andrew T. Warren

Fordham Intellectual Property, Media and Entertainment Law Journal

Many major sports leagues including the National Football League, Major League Baseball, and Ultimate Fighting Championship have consistently used the Digital Millennium Copyright Act (“DMCA”) to remove user-created GIFs, Vines, and related content that make use of the leagues’ copyrighted broadcast material on Twitter. This Article analyzes Twitter users’ right of fair use in the leagues’ copyrighted material, while suggesting that sports leagues and their agents may not be following the Ninth Circuit’s Lenz v. Universal Music Corp.decision, which requires copyright owners to consider fair use before submitting DMCA takedown notices. Sports leagues’ protocol and actions towards GIFs and Vines …


United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus Aug 2016

United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus

University of Miami Inter-American Law Review

This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …


Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman Jun 2016

Major League Broadcasting: The Deleterious Effects Of Major League Baseball's Antitrust Exemption On Nevada Consumers With No Home Team, Andrew P. Dunning, Kerry E. Kleiman

Nevada Law Journal

No abstract provided.


Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy Jan 2016

Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy

Brooklyn Journal of Corporate, Financial & Commercial Law

Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …


Paying For Performance At The Plate: An Investigation Of Variable Pay Systems In Major League Baseball, Mitchell S. Bremermann Jan 2016

Paying For Performance At The Plate: An Investigation Of Variable Pay Systems In Major League Baseball, Mitchell S. Bremermann

CMC Senior Theses

Previous empirical research on variable pay systems have suggested that possible gains can come from paying for performance, but highlight the difficulty firms face in measuring performance. Using contracts signed in Major League Baseball’s free agent market, I find that over the 2010-2014 period, teams utilized variable pay schemes with players that were more productive or signaled greater risk, either in their contract terms or via overspecialization. However, not all forms of risk signaling were correlated with greater use of performance incentives, including age and proxies for injury history. These findings have significant implications for labor practices more broadly, as …


A Financial Analysis Of Professional Baseball Player Worth, Jocelyn R. Pearce Jan 2016

A Financial Analysis Of Professional Baseball Player Worth, Jocelyn R. Pearce

Undergraduate Honors Thesis Projects

By using data from the 2014 Major League Baseball season, this paper examines the current market of baseball. I mainly look to offer clarity to the debate questioning if players are paid their marginal revenue product. By using a two-step model, I first estimate the effect team statistics have on team winning percentage, and next how that team winning percentage affects team revenue. After obtaining results from the regressions, I use those calculations in two formulas aimed at quantifying a player’s marginal revenue product. I find that overall, players are paid close to their respective marginal revenue products. An age …


The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius Jan 2016

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius

All Faculty Scholarship

Two judicial opinions have shaped the modem college athletic world. NCAA v. Board of Regents of the University of Oklahoma declared the NCAA's exclusive control over the media rights to college football violated the Sherman Act. That decision allowed universities and conferences to control their own media revenue and laid the foundation for the explosion of coverage and income in college football today. Clarett v. NFL held that the provision then in the National Football League's (NFL) Constitution and By-Laws that prohibited players from being eligible for the NFL draft until three years from the date of their high school …


Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler Jan 2016

Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler

Marquette Sports Law Review

No abstract provided.