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Entertainment, Arts, and Sports Law Commons

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Articles 1 - 30 of 401

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

Ponak, Allen Arbitration Chart, Edmund P. Edmonds Jun 2019

Ponak, Allen Arbitration Chart, Edmund P. Edmonds

Edmund P. Edmonds

No abstract provided.


2018 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2019

2018 Arbitration Hearings Chart, Edmund P. Edmonds

Edmund P. Edmonds

No abstract provided.


It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos May 2019

It All Started With Columbo: Teaching Law With Popular Culture, Christine Corcos

Christine A. Corcos

No abstract provided.


To Select Your Roku Tv Input Using Go.Roku.Com/Selectinput, Sophia William Dec 2018

To Select Your Roku Tv Input Using Go.Roku.Com/Selectinput, Sophia William

Sophia William

The go.roku.com/selectinput process is performed only once when you initially set up the hardware of the Roku. Call us @ +1-844-301-7120 for instant help.Further on the user can visit the go.roku.com/selectinput.
 


Screening Justice In "The Accused" (1988), Sherri L. Burr Jun 2018

Screening Justice In "The Accused" (1988), Sherri L. Burr

Sherri L. Burr

Screening Justice is designed to tell the complex story of law through an exploration of forty films focusing upon courtroom dramas, social issues and questions of justice. These motion pictures are evaluated by distinguished scholars who, using a range of narrative styles, compare the law on the screen and the law in action. The work serves as a guide to understanding law, the rhetoric of law and images of justice. The book will introduce readers to new films as well as help create new perspectives on familiar classic movies.


To Protect The Shield: Combatting Domestic Violence In The Nfl, Helen A. Drew Apr 2018

To Protect The Shield: Combatting Domestic Violence In The Nfl, Helen A. Drew

Helen Drew

No abstract provided.


Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith Mar 2018

Picture Imperfect: Attempted Regulation Of The Art Market, Patty Gerstenblith

Patty Gerstenblith

No abstract provided.


In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru Dec 2017

In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer,, N. Jeremi Duru

N. Jeremi Duru

Soccer is unquestionably the world's most popular sport. Two hundred and eleven countries have national soccer associations,  hundreds of millions of people across the globe play recreationally,  and Federation Internationale de Football Association's ("FIFA") quadrennial World Cup soccer tournament is unchallenged as the highest profileand highest grossing sporting competition on Earth. Notwithstanding its popularity, however, soccer sits at a troubling crossroads as the sport's governing bodies grapple with the impact that the risk of brain injury is having on the game. Soccer is, of course, not alone in this regard. The risk of brain ...


A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone Nov 2017

A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone

J. Mark VanNess

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead ...


A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone Nov 2017

A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone

Margaret Ciccolella

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead ...


Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill Oct 2017

Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill

David S Caudill

Questions regarding the ethical obligations, pitfalls, and dilemmas facing attorneys who become sports or entertainment agents are not new. However, despite a substantial discourse on the topic, the sense persists that being both a lawyer and an agent is problematic. The applicable laws, including ethical regulations, seem to be clear, but are subject not only to law‟s usual jurisdictional variations and interpretive instability, but also to the mediation of conventions or tacit understandings that pervade the sports and entertainment industries.


Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann Sep 2017

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Brett Frischmann

No abstract provided.


Philadelphia And Sports Law, Adam Epstein, Brian Halsey Aug 2017

Philadelphia And Sports Law, Adam Epstein, Brian Halsey

Adam Epstein

From birth to death and from race to Rocky, one would be hard-pressed to demonstrate that a city has had more of a cultural and legal impact on sports generally and sports law specifically than the city of Philadelphia. The purpose of this article is to introduce Philadelphia-based cases and incidents that have influenced sports law, sometimes at a national level. This piece serves historical, legal and pedagogical purposes, and we hope it will also serve as a springboard to further research regarding the City of Brotherly Love. Tort law and the criminal law are the most prevalent cases within ...


A Riff On Billy The Kid, Richard H. Underwood Jun 2017

A Riff On Billy The Kid, Richard H. Underwood

Richard H. Underwood

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.


Equitable Resale Royalties, Brian L. Frye Jun 2017

Equitable Resale Royalties, Brian L. Frye

Brian L. Frye

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held ...


Incidental Intellectual Property, Brian L. Frye Jun 2017

Incidental Intellectual Property, Brian L. Frye

Brian L. Frye

As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.

Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies ...


Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia Jun 2017

Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia

Erik Badia

This Note offers a comprehensive analysis of the current circuit split regarding how the de minimis doctrine applies to music sampling in copyright infringement cases. Since the Sixth Circuit's 2005 landmark decision in Bridgeport Music Inc. v. Dimension Films, critics, scholars and even judges have dissected the opinion and its bright line rule of “get a license or do not sample.” In May 2016, the Ninth Circuit issued its opinion in VMG Salsoul v. Ciccione. The Ninth Circuit explicitly declined to follow Bridgeport, holding that analyzing a music sampling copyright infringement case requires a substantial similarity analysis, including applying ...


Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford May 2017

Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford

William K. Ford

Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the ...


Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds May 2017

Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds

Edmund P. Edmonds

Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource ...


The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen Apr 2017

The Puzzle Of Deflategate: Private Agreements And The Possibility Of Biased Justice, Alfred C. Yen

Alfred C. Yen

In this Article, I study the implications of National Football League Management Council v. National Football League Players Association, the recent decision in which the United States Court of Appeals for the Second Circuit dealt New England Patriots star quarterback Tom Brady a stinging defeat in his so-called "Deflategate" case against the National Football League ("NFL"). I do so because, although most of the court's opinion follows well-established doctrine, a crucial portion of decision quickly glosses over important unanswered questions about federal arbitration law and the enforceability of pre-dispute arbitration agreements that contemplate the appointment of an evidently partial ...


Are They Pirates Or Pioneers?, Ashley H. Song Ms. Feb 2017

Are They Pirates Or Pioneers?, Ashley H. Song Ms.

Ashley Song

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru Nov 2016

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

N. Jeremi Duru

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores the consequences unique to employment discrimination in the race-considered roster construction context. Part III examines the applicability of Title VII doctrine to race-considered roster construction, exploring the factors ...


Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll Nov 2016

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll

Michael W. Carroll

No abstract provided.


Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder Nov 2016

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

David Snyder

No abstract provided.


Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein Aug 2016

Northwestern, O'Bannon And The Future: Cultivating A New Era For Taxing Qualified Scholarships, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the National Labor Relations Board (NLRB) ruled that Northwestern University’s scholarship football players were employees of the institution and could unionize and bargain collectively. From a federal income tax perspective, the significance of the NLRB decision - at that time - was that it could redefine the principle that select student-athletes are no longer unpaid amateurs receiving qualified scholarships, but instead are employees of their institutions earning scholarship funds in exchange for services rendered as college athletes. Accordingly, a crucial question arising from the NLRB holding was whether the Internal Revenue Service (IRS) could logically continue to ...


Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French May 2016

Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

Christopher C. French

On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will ...


Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman May 2016

Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman

Stephen E Friedman

No abstract provided.


Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann Apr 2016

Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann

Sonia Katyal

No abstract provided.


Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen Apr 2016

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Sonia Katyal

No abstract provided.


Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich Apr 2016

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Sonia Katyal

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence ...