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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 4 of 4

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

The Visual Artists Rights Act's "Recognized Stature" Provision: A Case For Repeal, Drew Thornley May 2019

The Visual Artists Rights Act's "Recognized Stature" Provision: A Case For Repeal, Drew Thornley

Cleveland State Law Review

Using as a case study the recent “5Pointz” litigation, a case involving visual artists’ moral-rights claims to graffiti they drew on a piece of private property in Queens, New York, this article examines the threat that Visual Artists Rights Act (VARA)’s grant to visual artists of the right “to prevent any destruction of a work of recognized stature” poses to common-law property and contract rights. This article advances the argument that the default legal rule should be that the rights of property owners (real or personal), including the right to destroy such properties, trump any moral rights that visual ...


The Bell Has Rung: Answering The Door For Student-Athlete Concussion Issues In The National Collegiate Athletic Association, Aaron Caputo May 2019

The Bell Has Rung: Answering The Door For Student-Athlete Concussion Issues In The National Collegiate Athletic Association, Aaron Caputo

Journal of Law and Health

This Note examines the NCAA's unwillingness to enforce the requirement that all NCAA institutions must implement a concussion management plan; the NCAA's refusal to apply its appropriate enforcement mechanism when member institutions violate their concussion management plans, which are instituted in order to protect student-athletes from concussions; how both of these failures result in more concussions and a higher probability of debilitating long-term effects; and solutions to remedy this grave injustice. Part II describes what a concussion is, the long-term effects of concussions, the NCAA's management of concussions, and lawsuits challenging the NCAA in relation to concussions ...


Regulated Sports Betting: Ohio's Chance To Take A Bet On Itself, Robert Porter Apr 2019

Regulated Sports Betting: Ohio's Chance To Take A Bet On Itself, Robert Porter

Cleveland State Law Review

It is estimated that more than $150 billion is wagered on sporting events each year in the United States. Of this, only an estimated $4.5 billion is wagered legally. Why is that? Because of a federal statute (PASPA) prohibiting state sponsored sports betting, people had to resort to offshore sports gambling websites and illegal bookies. This all changed in May 2018, when the Supreme Court declared PASPA unconstitutional, effectively lifting the ban on sports betting nationwide. With states now capable of enacting their own sports gambling schemes and regulations, Ohio is in a prime position to capitalize. I advocate ...


Rights On Publicity As Remarkably Insignificant, R. George Wright Apr 2019

Rights On Publicity As Remarkably Insignificant, R. George Wright

Cleveland State Law Review

This Article introduces the right of publicity through a brief consideration of high-profile cases involving, respectively, Paris Hilton, human cannonball Hugo Zacchini, and the famous actress Olivia de Havilland. With this background understanding, the Article considers the supposed risks to freedom of speech posed by recognizing rights of publicity in a private party. From there, the Article addresses the nagging concern that the publicity rights cases promote a harmful "celebrification" of culture. Finally, the Article considers whether allowing for meaningful damage recoveries in publicity rights cases appropriately compensates victims in ways promoting the broad public interest.