Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (2399)
- Communications Law (1100)
- Law and Society (434)
- Internet Law (429)
- Dispute Resolution and Arbitration (420)
-
- International Law (394)
- Constitutional Law (384)
- Science and Technology Law (375)
- Antitrust and Trade Regulation (366)
- Civil Rights and Discrimination (364)
- Education Law (336)
- Comparative and Foreign Law (319)
- Labor and Employment Law (314)
- Legal Education (314)
- Legislation (314)
- Computer Law (309)
- Contracts (302)
- First Amendment (301)
- Legal Writing and Research (288)
- Legal History (284)
- Jurisprudence (268)
- State and Local Government Law (264)
- Human Rights Law (256)
- Public Law and Legal Theory (250)
- Judges (232)
- Social Welfare Law (229)
- Law and Gender (225)
- Social and Behavioral Sciences (224)
- Institution
-
- UC Law SF (831)
- Marquette University Law School (810)
- Fordham Law School (504)
- Villanova University Charles Widger School of Law (440)
- Selected Works (312)
-
- Notre Dame Law School (245)
- University of Miami Law School (178)
- University of Michigan Law School (165)
- UIC School of Law (134)
- SelectedWorks (130)
- Vanderbilt University Law School (128)
- Yeshiva University, Cardozo School of Law (122)
- Pepperdine University (120)
- DePaul University (118)
- Seattle University School of Law (108)
- Maurer School of Law: Indiana University (88)
- Pace University (79)
- Loyola Marymount University and Loyola Law School (72)
- University of Georgia School of Law (68)
- University of Washington School of Law (63)
- American University Washington College of Law (53)
- BLR (53)
- University of Baltimore Law (46)
- Brooklyn Law School (43)
- Cleveland State University (40)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (39)
- University of Kentucky (31)
- University of New Hampshire (31)
- Columbia Law School (29)
- William & Mary Law School (28)
- Keyword
-
- Sports (368)
- Copyright (333)
- Arbitration (250)
- Major League Baseball (239)
- NCAA (178)
-
- Title IX (141)
- Antitrust (138)
- Baseball (122)
- Athletes (117)
- First Amendment (114)
- Intellectual property (99)
- Sports law (94)
- Trademark (89)
- Arts and Entertainment (80)
- NFL (78)
- College sports (73)
- Sports Law (73)
- Copyright infringement (72)
- Internet (71)
- Intellectual Property Law (70)
- Music (70)
- Copyright law (69)
- National Collegiate Athletic Association (69)
- Fair use (63)
- MLB (63)
- Football (62)
- Patent (62)
- Law (59)
- Contracts (58)
- Athletics (54)
- Publication Year
- Publication
-
- UC Law SF Communications and Entertainment Journal (828)
- Marquette Sports Law Review (792)
- Fordham Intellectual Property, Media and Entertainment Law Journal (493)
- Jeffrey S. Moorad Sports Law Journal (432)
- University of Miami Entertainment & Sports Law Review (139)
-
- Vanderbilt Journal of Entertainment & Technology Law (109)
- Arbitrator Charts (107)
- Paulo Ferreira da Cunha (107)
- Faculty Scholarship (104)
- Seattle University Law Review (104)
- Michigan Law Review (82)
- DePaul Journal of Art, Technology & Intellectual Property Law (68)
- UIC Review of Intellectual Property Law (67)
- Pace Intellectual Property, Sports & Entertainment Law Forum (66)
- Loyola of Los Angeles Entertainment Law Review (64)
- All Faculty Scholarship (62)
- Articles (53)
- ExpressO (51)
- Pepperdine Law Review (51)
- DePaul Journal of Sports Law (49)
- Cardozo Arts & Entertainment Law Journal Blog (44)
- Washington Journal of Law, Technology & Arts (42)
- Adam Epstein (41)
- Journal Articles (39)
- Journal of Intellectual Property Law (39)
- Indiana Law Journal (37)
- UIC Law Review (36)
- Team - Player Results (30)
- Team Hearing Charts (30)
- Annual Hearings Charts (27)
Articles 421 - 450 of 5854
Full-Text Articles in Entertainment, Arts, and Sports Law
Anticipating The New “Green Guides”: Ftc Promises Review Of Environmental Marketing Guidance, Frances Bandas
Anticipating The New “Green Guides”: Ftc Promises Review Of Environmental Marketing Guidance, Frances Bandas
Cardozo Arts & Entertainment Law Journal Blog
The Federal Trade Commission (“FTC”) is poised to review its “Green Guides,” a series of guidelines issued to help marketers make nondeceptive environmental claims that comply with federal regulations. Guidance is supplied for claims about a product or its packaging, claims made in connection with a sale or service, and all forms of marketing claims.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 20, 2022. The original post can be accessed via the Archived Link button above.
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Faculty Scholarship
In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.
At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …
Cardozo Aelj’S Statement On Yu’S Appeal To Scotus, Editorial Board
Cardozo Aelj’S Statement On Yu’S Appeal To Scotus, Editorial Board
Cardozo Arts & Entertainment Law Journal Blog
The Cardozo Arts & Entertainment Law Journal (“AELJ”) strongly and unequivocally condemns Yeshiva University’s treatment of its LGBTQ+ undergraduate students. New York courts found that Yeshiva University’s refusal to recognize and fund the undergraduate LGBTQ+ group, Pride Alliance, was in violation of NYC Human Rights Law because Yeshiva University is chartered as an educational corporation, receives public funds, and is, therefore, not eligible for the Human Rights Law religious corporation exemption. Yeshiva now petitions the Supreme Court of the United States to stay that judgment so it may continue to discriminate against LGBTQ+ students in the name of religious freedom. …
Hoosier Athletes Get An Assist From Law Students Through Name, Image And Likeness Initiative, James Owsley Boyd
Hoosier Athletes Get An Assist From Law Students Through Name, Image And Likeness Initiative, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Student-athletes at Indiana University Bloomington will get an assist from their peers at the IU Maurer School of Law under a new Name, Image and Likeness Initiative through the school’s Center for Intellectual Property Research.
As student-athletes navigate the still-emerging complexities of the NCAA’s new policy surrounding name, image and likeness — also referred to as NIL — they’ll now have a homefield advantage: one of the country’s top intellectual property clinics.
Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker
Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
2022: The Age Of The Empowered Athlete, Jeffrey S. Moorad Sports Law Journal
2022: The Age Of The Empowered Athlete, Jeffrey S. Moorad Sports Law Journal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino
Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann
Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum
Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
High School Coaches Call A Foul: Important Considerations For High School Coaches Considering A Defamation Claim, Mallory Shumaker
High School Coaches Call A Foul: Important Considerations For High School Coaches Considering A Defamation Claim, Mallory Shumaker
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel
Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee
Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee
Washington Journal of Law, Technology & Arts
Through enormous public support and private initiative, biopharmaceutical firms developed safe and effective COVID-19 vaccines in record time. These remarkable vaccines represent humanity’s best chance to end the devastating pandemic. However, difficult questions about ownership and access have arisen alongside the development and deployment of these vaccines. Biopharmaceutical companies have patented many of the technologies underlying these vaccines, thus seeming to pit intellectual property rights against the objective of wide and rapid dissemination of these critical resources. While prevailing debates have been framed in the language of intellectual property, this Article suggests that contract principles can help break the impasse …
Cyber-Silencing The Community: Youtube, Divino Group, And Reimagining Section 230, Layla G. Maurer
Cyber-Silencing The Community: Youtube, Divino Group, And Reimagining Section 230, Layla G. Maurer
Washington Journal of Law, Technology & Arts
Social media platforms, once simple messaging boards, have grown to colossal size. They are now a vital source of communication and connection, particularly for marginalized groups such as the LGBTQ+ community. Social media holds incredible sway over the news, political discourse, and entertainment that we consume, and the platforms we use are now able to sculpt conversations simply by allowing or disallowing (i.e., moderating) specific types of speech or content.
One indirect form of moderation is demonetization, a means by which content creators are disallowed revenue from advertisements on their hosted media. The consequence of improper demonetization is not just …
Fixing The Dent: How Nfl Owners Closed The Door To Civil Common Law Liability, Zachary Okun
Fixing The Dent: How Nfl Owners Closed The Door To Civil Common Law Liability, Zachary Okun
Pepperdine Dispute Resolution Law Journal
With a new, eleven-year Collective Bargaining Agreement (CBA) upon us, this paper will discuss in Section II what a CBA is, the purpose CBAs serve, and the function and historical treatment of the NFL’s CBA by the courts. Section II will also explain the NFL arbitration process, the reason the NFL fights so hard to enforce arbitration, and why the players should have been more cognizant of the provisions within the CBA which act to insulate the NFL and its Clubs from common law tort liability. Section III will discuss the NFL’s historical reliance of the LMRA §301 preemption defense; …
All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham
Georgia Journal of International & Comparative Law
No abstract provided.
Tiktok The Musical: Copyright Issues Raised By The "Ratatouille" Musical, Paige V. Gagliardi
Tiktok The Musical: Copyright Issues Raised By The "Ratatouille" Musical, Paige V. Gagliardi
Washington Journal of Law, Technology & Arts
TikTok the Musical: Copyright Issues Raised by the “Ratatouille” Musical, explores the growing trend in derivative works and the failures of current copyright law to address it. This article asserts that while derivative works are excellent creative outlets, a safe haven in a tumultuous world, allowing appropriation of copyrights via the fair use doctrine conflicts with the foundations of copyright law. This article argues that IP giants such as the Walt Disney Company have sent a dangerous message to the general public by allowing the TikTok trend of the #ratatouillemusical to become an actual musical: that unlicensed derivative works …
"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova
"Stronger" Together: Kanye Could Have Owned His Masters By Engaging In Collective Bargaining, L. Camille Cordova
Pepperdine Dispute Resolution Law Journal
Because the legislature and judiciary have failed to protect recording artists’ interests, this article proposes that engaging in collective bargaining will re-balance the bargaining positions of the major record labels and recording artists to create a mutually beneficial agreement that gives recording artists a termination of rights clause that mirrors section 203 of the 1976 Copyright Act. By contracting with a major record label, recording artists are automatically eligible for union membership to the Screen Actors Guild-American Federation of Television and Radio Artists union (“SAG-AFTRA”), who have experience negotiating other collective-bargaining agreements with these record labels. This agreement would provide …
The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss
The Future Of Name, Image, And Likeness In Advertising, Olivia E. Nuss
LSU Master's Theses
This study explores the unique intersection of the law and the theories of communication related to a student athlete’s ability to receive compensation based off their name, image, and likeness (NIL). The purpose of this study is to understand the future of NIL legislation application as it relates to emerging media and student-athletes’ privacy interests in order to better understand influencer marketing and the impact new legislation will have on student-athlete brand deals. Through a series of semi-structured, in-depth interviews, I explored industry trends in NIL as it relates to brand partnerships and advertising, focusing on key players, methods, and …
“Sorry,” But I Didn’T Release It: How The Court’S Analysis Of The Fair Use Doctrine In Chapman V. Maraj Protects Innovation And Creativity In The Music Industry, Samantha Ross
University of Miami Business Law Review
The fair use doctrine is an important affirmative defense to copyright infringement when a particular use does not interfere with copyright law’s primary goal of promoting creativity for the public good. Artists and songwriters frequently experiment with copyrighted music without permission before seeking licensing approval from the original rights holders to “sample” or “replay” the work. In Chapman v. Maraj—a copyright infringement suit brought by Tracy Chapman against Nicki Minaj—the United States District Court for the Central District of California held that experimenting with a copyrighted musical composition for the purpose of creating a new work with an intent to …
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
Sound Familiar? Digital Sampling Is Taking Center Stage, Logan Zucchino
University of Miami Business Law Review
In 2018, Kendrick Duckworth, better known by his stage-name Kendrick Lamar, became the first non-classical or jazz musician to win the Pulitzer Prize in Music. Equally as surprising, the album contained a magnitude of digital sampling. As digital sampling has become more prevalent since the 1980’s, courts have differed on how to handle the issue. By 2016, the Sixth and Ninth Circuit Courts of Appeals established a circuit split on the issue, with one holding that unlicensed digital sampling is per se unlawful, and the other holding that a more lenient test is needed. Courts have continued to struggle with …
Conor Delehanty Is A Standup Guy, James Owsley Boyd
Conor Delehanty Is A Standup Guy, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
The Ncaa's Rise To Absolute Power And Confronting Its Distortion Of Amateurism, Terek J. Kirsch
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 …
The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos
The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos
Honors Theses
In the age of social media influencers turning social media platforms into jobs– monetizing pictures of their cats, dancing for dollars, or even making a mockery of themselves for fame and money, the question of whom to trust or distrust has become increasingly important among consumers. As more brands are starting to collaborate with influencers, it is essential to acknowledge the current relationship among all parties involved, including the Federal Trade Commission. There is currently a blurred line among trust, distrust, authenticity, and reliability during sponsorships. The common question among consumers is whether social media influencers believe in the brand …
Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens
Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens
Villanova Law Review
No abstract provided.
America’S Race-Based Caste Structure: Its Impact In College And Professional Sports, Timothy Davis
America’S Race-Based Caste Structure: Its Impact In College And Professional Sports, Timothy Davis
Texas A&M Law Review
Racial inequities in college and professional sports remain prevalent and persistent despite the awareness of such inequities by those with the power to effectuate change. This Article proposes that explanations frequently offered for the slow pace of progress often fail to account for the hierarchy derived from a race-based caste system embedded in American society. Relying on the work of author Isabel Wilkerson, Part II describes major pillars of America’s race-based caste structure. Part III examines how stereotypes of Blacks’ presumed intellectual inferiority and a lack of fitness for leadership roles adversely impact their access to positions of power in …
The Parthenon Marbles Case And The Universal Museum Myth: Policies And Politics, Cardozo Arts & Entertainment Law Journal, Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic, Cardozo Fame Center
The Parthenon Marbles Case And The Universal Museum Myth: Policies And Politics, Cardozo Arts & Entertainment Law Journal, Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic, Cardozo Fame Center
Flyers 2021-2022
This symposium will bring together scholars and advocates to discuss the history of cultural property, its rightful owners, and whether the property should be returned to its original creating country. Professor David Rudenstine will present his decades-long historical research challenging the British Museum’s claim in the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures taken to London in the early 1800s by the British ambassador, Lord Elgin.
Life Lesson: If You Place A Wager On April Fool's Day, You Cannot Be Surprised When The Final Outcome Is A Joke, Katherine Smith
Life Lesson: If You Place A Wager On April Fool's Day, You Cannot Be Surprised When The Final Outcome Is A Joke, Katherine Smith
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill
Covid-19 Policies At Sports Venues: The Nfl Should Have Required Attendees To Be Vaccinated, David Caudill
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley
Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley
Jeffrey S. Moorad Sports Law Journal
No abstract provided.