Entertainment, Arts, and Sports Law Commons^™

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho

Washington Journal of Law, Technology & Arts

With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …

New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya

Catholic University Journal of Law and Technology

A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña

Capstones

Kanami Kusajima is an ink dancer and street performer who dances and creates art at Washington Square Park. She’s also been clashing with the Park Enforcement Patrol officers, who patrol the area. Her attempts to create a safer space for her fellow performers brings to light the complicated rules and regulations as well as the obstacles street performers face on the daily. Link to capstone project: https://medium.com/@caithlin.pena53/fighting-for-the-right-to-dance-in-nycs-public-parks-2cab922d1a1c

Title Ix In Historical Context: 50 Years Of Progress And Political Gamesmanship, Helen A. Drew, Marissa Egloff, Josie Middione

Journal Articles

On the fiftieth anniversary of Title IX, it is important to recognize both its historic nature and how it has evolved in political and social context. This Article will begin by examining the history of women’s athletics pre–Title IX, focusing on what activities women participated in, why, and how societal norms shaped their ability to do so. Next, the Article will examine the status of women’s athletic opportunities as Title IX was first proposed, with an emphasis upon its nexus to the women’s rights movement and the Equal Rights Amendment initiative. The Article will then provide historical background for key …

The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch

Senior Honors Projects, 2020-current

This paper examines the progression of the intercollegiate athletic space, from a small regatta in 1852 to the massive athletic environment we know now in contemporary society. It finds the National Collegiate Athletic Association snared in a trap of circular logic that has been closing in on it since its conception, as it has defined collegiate athletes as amateurs and then proceeded to argue for amateur status for those athletes because of the definition that it wrote. This paper concludes in its final two chapters, after analyzing the recent Supreme Court case NCAA v. Alston, and the Name, Image, and …

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Last Prisoners Of War: How Nazi-Looted Art Is Displayed In U.S. Museums, Monica May Thompson

Geifman Prize in Holocaust Studies

How art museums approach NLA is important today because much of the public relies on museums for their education. NLA cases are especially controversial because they are not only legal battles, but ethical ones so museums have to be extra careful approaching them. Even if the museum has won the legal battle the public may not see them as winning the ethical one therefore they might want to avoid displaying this information to the public. However, as we can see with the previous websites, it actually looks worse for museums not to be open and honest about their NLA pieces …

The Durability Of Authenticity: An Examination Of The Art Conservator’S Role In Preserving Authenticity, Emily Crozier

MA Theses

This thesis will focus on the conservation of privately owned paintings by deceased artists to determine the durability of authenticity. The concept of authenticity is fragile and illusive. However, there are certain theories and attributes which help to determine whether a painting is authentic. It is generally agreed that the authenticity of a painting can be maintained or lost through conservation. It is therefore presumed that the conservator is ethically driven to preserve the authenticity of a painting as its cultural value is of paramount importance in the conservation process. However, conservation is not a purely ethical issue as it …

Law And Popular Culture: A Course Book (3rd Edition), Jessica Silbey, Michael Asimow

Books

This book is the reader for a course with the general theme of “Law and Popular Culture” or “Law and Film.” It is about the interface between two these two enormously important subjects. It is suitable for undergraduate and graduate classes or seminars in American studies, criminal justice, political science, film studies, or many other academic programs, as well as in law schools. The course can be taught by anyone interested in law as well as film and television and requires no specialized academic training. This is the third edition of the book which has a new co-author (Jessica M. …

Classical Batik Tradition And The Rifa'iyah Women, Adlien Fadlia

International Review of Humanities Studies

This research is a qualitative research using the phenomenological method. The research sample is women – therefore called the Rifa’iyah women – who make batik in Rifa’iyah community in the district of Batang, Central Java. Data collection techniques are applied by conducting interviews and observation guidelines. Data analysis techniques are used by using descriptive analysis. Women in the Rifa’iyah community have a prominent role to play in the productivity of batik. The Rifa’iyah people place batik not only as an economic commodity but also as a place for women in the public sphere, no longer only in the domestic area. …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Abram I. Elkus: The New York Yankees' First Lawyer, Robert M. Jarvis

Kentucky Law Journal

No abstract provided.

There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny

Indiana Journal of Law and Social Equality

No abstract provided.

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
• Choose to Trust the Lord
• First Amendment Harms
• "To Do Justly, and to Love Mercy"

Read on Issuu

Stream Ripping: A Copyright Infringement Epidemic, Darla Testino

Backstage Pass

No abstract provided.

Rethinking Copyright And Personhood, Christopher S. Yoo

All Faculty Scholarship

One of the primary theoretical justifications for copyright is the role that creative works play in helping develop an individual’s sense of personhood and self-actualization. Typically ascribed to the writings of Immanuel Kant and Georg Wilhelm Friedrich Hegel, personhood-based theories of copyright serve as the foundation for the moral rights prominent in European copyright law and mandated by the leading intellectual property treaty, which give authors inalienable control over aspects of their works after they have been created. The conventional wisdom about the relationship between personhood and copyright suffers from two fatal flaws that have gone largely unappreciated. First, in …

Filter Wars: The Fight To Determine Filtering Rights Under The Family Movie Act And The Digital Millennium Copyright Act, Amanda Garcia

Loyola of Los Angeles Entertainment Law Review

The development of filtering and streaming technology over the last twenty years has put in to question the purpose and intent of legislation meant to encompass those technologies. This Comment considers the exclusive rights of copyright owners in their protected works, and the circumvention of the encryptions placed on DVD and Blu-Ray discs to prevent the unauthorized decryption, filtering, and streaming of those works. This Comment will weigh the rights of creators of expressive works, such as films and television shows, against the rights of the purchasers to filter the works. A new defense to circumvention liability will be raised …

Adapt Or Die! The Social And Economic Dynamics Of Japan’S Animation Industry, You Pan

Master's Projects and Capstones

This research explored and discussed about Japanese animation industry, past, present, and possibilities to a better future. While there is existing literature on Japanese animation, this research will focus on a case study that will discover the bright side of Japanese animation market, while addressing the existing problems within the animation industry or potential issues at present times. By illustrating the existing and potential issues as well as the bright side, the objective of this research is to help the Japanese animation industry to survive under the depressive economic environment. My research will identify reasons for low productivity of high …

When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, Taylor Simpson-Wood, Robert H. Wood

Marquette Sports Law Review

None

Moral Rights: The Economic Ramifications Of Moral Rights Under Vara In The U.S., Akilah Chandler

MA Theses

When balancing the interests of the art market gatekeepers including patrons, dealers, and auction house intermediaries, with the interest of artists, artists have always bared the shorter end of the stick. It has been almost 30 years since the U.S. legal system acknowledged moral rights and a lifetime that artist have had to defend those rights. However, the question remains— how has the art market balanced these conflicting interests and at what expense? This paper will explore the effects moral rights have on an artist’s market and with that, the overall art market. This paper will also cover the ramifications …

Protest Of Controversial Art In New York City Museums In 2017-2018: Reactions, Responses, And Legal/Ethical Obligations Of Museums In The Age Of #Metoo, #Blacklivesmatter, And Activism On The Internet., Isabel Telonis

MA Theses

Over the last two years, museums in New York City have experienced a rise in protest and backlash against the display of works of art, particularly those that are perceived as offensive, controversial, and relevant to current sociopolitical issues.

This thesis explores three case studies of controversy at the Metropolitan Museum of Art, the Whitney Museum of American Art, and the Solomon R. Guggenheim Museum, all of which faced protest and public criticism over particular works of art and responded in a unique way to their respective scandal. This study is comprised of an introduction, four chapters, and a conclusion. …

"The Theories Underlying The Con Environment" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Content from Cons and festivals dominate U.S. pop culture. The conventions serve as launching pads for new artists, entrepreneurs, and innovators. The smaller versions of these events create space to develop fan fiction, allow new artists to expose their work to interested audiences, and provide an entry point for new creative enterprises. As a cultural event and platform for expression, these events …

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …

Inspiration Versus Exploitation: Traditional Cultural Expressions At The Hem Of The Fashion Industry, Elizabeth M. Lenjo

Marquette Intellectual Property Law Review

The fashion industry is a multitrillion dollar global industry. In 2016, consumers in the United States of America alone, spent almost $380 billion on apparel and footwear. Some may deride the fashion industry as lacking substance and mere “fluff,” but the numbers validate that it is important and extremely valuable “fluff.” After all, clothing and footwear are human necessities and are the main output from this sector that spans from high-end luxury brands to low-end necessities.

Clothing and fashion help define a culture and reflect individual identity. Throughout most of human history, regional variations in style and clothing served as …

Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen

All Faculty Scholarship

In an unusual case, Scottish-born painter Peter Doig was accused of wrongfully denying the authenticity of a painting he insisted he did not paint, to the financial detriment of the work’s owner. Doig won the case against him, which commenced in 2013 and continued for three years. United States District Judge Gary Feinerman ultimately ruled that the evidence presented in a week-long trial proved “conclusively” that Doig did not paint the plaintiff owner’s painting. The case raised concerns about whether a living artist should ever be required by law to authenticate a work of art ascribed to him or her …

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim

Journal of Intellectual Property Law

The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …

The Price Of Social Norms: Towards A Liability Regime For File-Sharing, Daniel J. Gervais

Journal of Intellectual Property Law

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported …