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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 8 of 8

Full-Text Articles in Entertainment, Arts, and Sports Law

Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii Jul 2018

Marching To The Beat Of The Eu's Drum: Refining The Collective Management Of Music Rights In The United States To Facilitate The Growth Of Interactive Streaming, Gary W. Hunt Iii

Indiana Journal of Global Legal Studies

In the digital era, interactive streaming is now the preferred method for music consumers to access their favorite albums and songs. The traditional copyright system used to administer music rights and royalties has not evolved accordingly, which not only impedes progress by music platform innovators, but also frustrates artist, labels, and composers who are unable to reap the benefits of their music rights. This Note examines the complex process interactive streaming services undergo to obtain the rights necessary to stream music through their platforms, which involves a discussion of collective rights organizations. This Note then argues that the European Directive …


America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre Jul 2018

America's Past-Time And The Art Of Diplomacy, Alyson St. Pierre

Indiana Journal of Global Legal Studies

As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the …


Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen Feb 2018

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds Feb 2018

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Notre Dame Journal of International & Comparative Law

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …


Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares Feb 2018

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play …


Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout Feb 2018

Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout

Notre Dame Journal of International & Comparative Law

This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.


Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs Jan 2018

Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs

Marquette Intellectual Property Law Review

Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on …


The Vatican View On Sport At The Service Of Humanity, Ed Edmonds Jan 2018

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …