Entertainment, Arts, and Sports Law Commons^™

It's About Time: An Analysis Of Name, Image, And Likeness Legislation In The United States, Taylor Henderson

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Place Your Bets: An Analysis Of Name, Image, And Likeness Deals With Barstool Sports, Stella Pratt

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Cardozo Aelj Then And Now Interview Series: Emily Faro, Cardozo Law Class Of 2021, Emily Faro

AELJ Blog

Emily Faro, Cardozo Law Class of 2021, is an Associate at Reed Smith. Emily’s practice focuses on entertainment and media, advertising, marketing, data privacy and security, and corporate transactions. Emily was a Staff Editor on Volume 38 of the Cardozo Arts & Entertainment Law Journal, and her Note, Entertainment Consolidation, Content Monopolies, and the Future of Information, was published in Volume 39, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Lauren Chamberlin, Lauren Chamberlin

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Lauren Chamberlin discusses her Note, Reconsidering a Private Right of Action Under VAWA: How the Media Portrays Violence Against Women and Its Effect on Commerce Clause Jurisprudence, which was published in Volume 41, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 07, 2023. The original post can be accessed via the Archived Link button above.

The Marathon Continues: Texas Nil Has Room To Grow, Johnathon Blaine

Texas A&M Journal of Property Law

College athletes are now permitted to profit off their name, image, and likeness. However, while a hodgepodge of different regulations exists state-by-state and Congress continues to drag its feet to pass a federal framework, Texas restricts college athletes from maximizing their name, image, and likeness earning potential. This Comment proposes improvements to Senate Bill 1385 that would allow college athletes in Texas to partner with the same categories of “taboo” products as their respective university and to endorse products from competing brands, provided such endorsement is outside of a university-sponsored event, with an exception allowing unrestricted endorsement of footwear. This …

Cardozo Aelj Author Interview Series: Cecily D’Amore, Cardozo Law Class Of 2022, Cecily D’Amore

AELJ Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Cecily D’Amore discusses her Note, #FreeBritney: The Importance of Public Access to the Guardianship System, which was published in Volume 40, Issue 1.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 04, 2023. The original post can be accessed via the Archived Link button above.

Gonzalez V. Google: Testing The Boundaries Of Section 230, Ohona Chowdhury

UC Law SF Communications and Entertainment Journal

No abstract provided.

Note: Nft Art Heists: Analyzing Nfts Under U.S. Law And International Conventions On Art Theft, Kevin D. Brum

Notre Dame Journal on Emerging Technologies

The non-fungible token (“NFT”) is a type of digital asset that is usually associated with an image and has a unique identifier. An NFT cannot be copied or reproduced, and records of NFT transactions are stored on the blockchain. NFTs are a recent innovation and have swept the world by storm. NFT sales tripled from 2019 to 2020 and DappRadar—the premier platform for hosting decentralized NFT portfolio management applications—estimates that NFT sales hit twenty-five billion dollars in 2021. Many NFTs appear to be artistic works and, either individually or in a collection, can be given away for free, sold for …

Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman

Notre Dame Journal on Emerging Technologies

In an era of technological revolution, artificial intelligence is shocking the legal field with its increasing popularity, power, and potential. The limits of property, personhood, and creativity are in question by both the public and the courts, leaving significant ambiguities in the law. Legal standards regarding the regulation of advanced technologies have raised unique and critical substantive questions for intellectual property rights, particularly that of trademarks, where the traditional purpose is source identification between consumers and goods.

Since the 1989 holding in Rogers v. Grimaldi, the use of trademarks for creative purposes, as a matter of First Amendment jurisprudence, …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport, Michael K. Park

UC Law SF Communications and Entertainment Journal

This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as …

Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk, Bryan Sykes

UC Law SF Communications and Entertainment Journal

No abstract provided.

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

Video Games And The First Amendment, Eli Pales

Northwestern Journal of Technology and Intellectual Property

The video game industry is massive, with an annual revenue of $180 billion worldwide; $60 billion of that in America alone. For context, the industry’s size is greater than that of the movie, book, and music industries combined. Yet, despite this market dominance, the video game industry is relatively new. Only in the 2011 decision of Brown v. Entertainment Merchants Association did the Supreme Court extend First Amendment protection to games. Still, the Court failed to define the scope of the game medium. As understood by an average person, a video game could be something as simple as Pac-Man or …

Quantum Copyright Law: Schrödinger’S Cat, Banksy’S Shredder, And Art On The Edge, Richard Chused

Northwestern Journal of Technology and Intellectual Property

An object has been assembled by artists I know that presents a fascinating set of conundrums about the relationships between quantum physics, shredders, random surprises, the value of art, and copyright law. Seems fantastical, right? And so it is. The object of concern is a metal box a little under four feet tall, about eighteen inches deep, and a bit less than three feet wide. The box is welded together along all twelve of its edges. It has an opening across one side. And there is a small control panel on top.

Before the box was welded shut, a set …

The Free Exercise Of Copyright Behind Bars, Viva R. Moffat

Washington and Lee Law Review

People in prison produce vast amounts of creative and expressive work—from paintings and sculptures to essays, novels, music, and NFTs—but they are rarely described as artists and their work is often not described as “art.” Prisoners also do not regularly take advantage of copyright law, the primary form of protection for creative works. They should.

Copyright provides a strong set of rights that combines strains of free expression values with elements of property rights. Copyright confers dignitary and expressive benefits and, for some creators, financial rewards. As such, copyright can be a tool to help prisoners improve their lives, both …

The Ip Of Gaming Law, Cardozo Intellectual Property Law Society, Cardozo Gaming Law Society, Cardozo Fame Center

Event Invitations 2023

Join two Cardozo Alumni, Daniel Koburger ’17 from KBL Roche and Mikaela Gross ’16 from Take-Two Interactive Software, Inc., who will discuss the nuances of IP in Gaming Law as well as their career experiences. This panel will be moderated by Professor Victor Wang, Director of the Cardozo Patent Diversity Project and Acting Director of the Tech Startup Clinic.

Cardozo Invitational Negotiation On Entertainment, Media And Art Competition, Benjamin N. Cardozo School Of Law

Flyers 2022-2023

No abstract provided.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society

Flyers 2022-2023

Click here to view the event invitation.

Playmakers For Equality: Title Ix, Uswnt & Landmark Cases In Women's Soccer, Cardozo Fame Center, Cardozo Sports Law Society

Event Invitations 2023

Our distinguished panel will highlight the years of discrimination lawsuits and the fight for equal pay in women's soccer, which includes the recent $24 million settlement won by the U.S. Women's National Team. With the 2023 World Cup on the horizon, this event is not to be missed.

Moderator:

• Kim Turner, Director, Gender Equity Initiative at Positive Coaching Alliance

Panelists:

• Jeanifer Parsigian, Partner, Winston & Strawn, LLP
• Abby Greensfelder, Producer of LFG, Founder & CEO of Everywoman Studios
• Jayma Meyer, Counsel, Simpson & Thacher

Click here to view the flyer.

The Song Of Disputes: A Melody Of Intellectual Property And Alternative Dispute Resolution, Cardozo Fame Center, Cardozo Dispute Resolution Society

Flyers 2022-2023

No abstract provided.

The Rise And Regulation Of Sports Gambling, Cardozo Fame Center, Cardozo Startup Society, Cardozo Sports Law Society

Flyers 2022-2023

No abstract provided.

Cardozo Aelj Then And Now Interview Series: Marc H. Simon, Cardozo Law Class Of 2001, Marc H. Simon

AELJ Blog

Marc H. Simon, Cardozo Law Class of 2001, is a Partner at Fox Rothschild who serves as the Chair of the firm’s Entertainment & Sports Law Department. During law school, Marc was a member of the Cardozo Arts & Entertainment Law Journal, and his Note was published in Volume 19.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 13, 2023. The original post can be accessed via the Archived Link button above.

Artificial Intelligence And The Future Of Law, Cardozo Startup Society, Cardozo Fame Center, Cardozo Law And Data Science Society

Flyers 2022-2023

No abstract provided.

Fashion, Beauty And Retail, Cardozo Fame Center, Cardozo Fashion Law Society

Flyers 2022-2023

Cardozo's FAME Center and Fashion Law Society present a panel on mergers and acquisitions in the fashion industry.

Panelists:

• Claudine Meredith-Goujon (IP Partner at Paul, Weiss)
• Laura Turano (Corporate Partner at Paul, Weiss)

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

Flyers 2022-2023

No abstract provided.

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

Event Invitations 2023

The Cardozo Arts & Entertainment Law Journal is pleased to host our spring symposium: “Name, Image, Likeness: The Evolution of College Athletics.” This symposium will bring together leading scholars and practitioners to discuss the current state of “NIL,” emerging legal and policy issues, and the future of the right to publicity law for college athletes. The event will consist of a keynote address followed by two moderated panels. Professor Andrew Zimbalist will begin the event with a keynote address where he will provide an overview of “NIL,” discussing where it came from, what it is turning into, and where it …

Foreword, Jessica Silbey

Faculty Scholarship

Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …

Privatizing Copyright, Xiyin Tang

Michigan Law Review

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the internet—expression that makes use of others’ copyrighted content. While § 512 of the Digital Millennium Copyright Act regulates user-generated content incorporating copyrighted works, just as § 230 of the Communications Decency Act regulates other user speech on the internet, it is, in fact, rarely used by the largest internet platforms—Facebook and YouTube. Instead, as this Article details, creative speech …

Diversity In Music, Cardozo Entertainment Law Society, Cardozo Black Law Students Association, Cardozo Fame Center, Cardozo Office Of Career Services

Flyers 2022-2023

A panel discussion during Black History Month and the Office of Career Services' Entertainment Law Week, Diversity in Music will feature an esteemed group of music industry professionals. The discussion will focus on the structure of the legal field within the industry and diversity in practice. The panel will explore the various legal roles within the industry, highlighting the differences between transactional law and litigation, as well as in-house vs. law firm experiences. Additionally, we will discuss issues and developments pertaining to equity and inclusion within legal departments/law firms and the industry as a whole, with a focus on topics …